bye-laws of the bihar state co-operative marketing union...

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1 BYE-LAWS OF THE BIHAR STATE CO-OPERATIVE Marketing Union Ltd., PATNA Existing 1 . Preliminary. The society which is registered under the Bihar and Orissa Co-operative Societies, Act (VI of 1935) shall be called "The Bihar State Co-operative Marketing Union Ltd.," hereinafter described as the "UNION". 2. The area of operation of the Union shall extend to the whole of Bihar State. It may open branches inside or outside Bihar for carrying out any of its objects. 3. The registered office of the Union shall be at Patna. In the event of any change in the situation of the registered office or any of its branches, notice thereof shall be sent to the Registrar, the Bihar Co-operative Federation Ltd., and the Financing Bank, ifany, whithin fifteen days of such change. II. Objects. 4. The objects of the Union shall be :- (1) To arrange for the sale of agricultural and other produce of members to the best advantage: (2) To process agricultural and other produce belonging to the members or purchased by the Union; (3) To arrange for the grading of agricultural produce; (4) To make arrangement for the supply of manures, seeds, implements and other essential (Productive) requirements to the registered societies and individuals; (5) To Co-ordinate activities of its members and to act as information Bureau in matters concerning trade, industries and business of its members. (6) To encourage thrift, self-help and Co-operation among its members;

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1

BYE-LAWS

OF THE

BIHAR STATE CO-OPERATIVE Marketing Union Ltd.,

PATNA

Existing 1 . Preliminary.

The society which is registered under the Bihar and Orissa Co-operative

Societies, Act (VI of 1935) shall be called "The Bihar State Co-operative

Marketing Union Ltd.," hereinafter described as the "UNION".

2. The area of operation of the Union shall extend to the whole of Bihar

State. It may open branches inside or outside Bihar for carrying out any of

its objects.

3. The registered office of the Union shall be at Patna. In the event of any

change in the situation of the registered office or any of its branches,

notice thereof shall be sent to the Registrar, the Bihar Co-operative

Federation Ltd., and the Financing Bank, ifany, whithin fifteen days of

such change.

II. Objects.

4. The objects of the Union shall be :-

(1) To arrange for the sale of agricultural and other produce of members to

the best advantage:

(2) To process agricultural and other produce belonging to the members or

purchased by the Union;

(3) To arrange for the grading of agricultural produce;

(4) To make arrangement for the supply of manures, seeds, implements

and other essential (Productive) requirements to the registered societies

and individuals;

(5) To Co-ordinate activities of its members and to act as information

Bureau in matters concerning trade, industries and business of its

members.

(6) To encourage thrift, self-help and Co-operation among its

members;

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(7) to undertake all other activities, with the prior permission

of the registrar, calculated to further any of the purposes

mentioned in these bye-laws;

(8) To arrange for the supply of raw materials and implements

and to arrange for the sale of manufactured and finished goods.

(9) To act as insurance Agent.

(10) To raise loan from financial Institution N.t.D.C. HUDCO

& such other Institution for any activities permitted by the

Registrar, Co-operative Societies, Bihar.

(11) Any other activities with the permission of the Registrar, Co-

operative Societies, Bihar.

(12) To organise / Co-operative Education and training Programs for the

members and associates of the business of the union. To provide

technical know how, necessary business requirement, market

informations through BISCOMAUN BULLETINS, T. V. Programmes,

News Paper, Seminars etc.Thus the prime object of the Union shall be

the promotion of the common interest of its members in conformity

with the Co-operative principles and securing the fulfillment of any or

all directives contained in Part IV of the constitution of India.

4. (a) For carrying out these objects, the Union may (I) advance

loans to its members on the hypothecation of their produce, raw or

processed; (2) may rent, construct or buy godowns and cold storages;

(3) may act as agent on behalf of the Government and other institutions

for the purpose of procurement supply, distribution and production of

any goods and (4) may open branches, sale Depots, or stores within or

outside its area of the operation and (5) May set up sugar/or Rice mills

in State of Bihar.

III FUNDS

5. Funds may be raised by :-

(a) Issue of shares;

(b) Loans;

(c) Issue of debentures;

(d) Donations, grants and subsidy and

(e) Entrance fee,

3

(f) Any other method with the permission of the registrar. Loans may

be raised on such terms and conditions as may be etermined by the

Board of Directors subject to such directions as may be issued by

the Registrar from time to time, provided that the total of such

liabilities shall not exceed twentyfive times of the paid up share

capital and the reserves. Provided further that in determining the

borrowing limit only such part of the liability on account of stock-

in-trade will be included as is not covered by the stock-in hand.

The fund of the Union when not utilised in the business of the

Union shall be invested by the Board of directors in such manner

(s) as may be approved by the Registrar.

IV. MEMBERSHIP

6. The membership shall consist of:-

(a) 'A' Class consisting of Vyaper Mandai (VM.S.S.) Co- operative

development and Cane Marketing Unions (C.D.C.M. Union) Large

Scale Multipurpose Co-operative Societies (L.S.M;P.C.S.) Large

Sized Multipurpose Co- operative Societies (LAM PS) and Farmer

Service Societies (F.S.S.) and such category or catergories of

processing Co-operative societies as may be determined by the

Registrar.

(b) 'B' class, consisting of traders, commission agents and merchants

havingdealings with th~UniolJ and who are self supporting

Coperative Societies required 1996 Act whose aim and object is

similar to that of this Union. However they shall have no voting

right.

(c) 'C' class consisting of individuals holding shares of Biscomaun till

the date of amendment of bye laws is

registered and such societies not falling under category

mentioned in "A" Class member, provided that individual shares

may be gradually extinguished and for the purpose share or shares

from the individuals may be bought up by the union provided

further in the case of share or shares held by individuals after the

death of the share holders, the share and shares shall be deemed to

have been bought up the Union and the value thereof be paid to the

nominee or the legal heir of the individuals.

(d) State Government.

4

7. Application for admission as members and for allotment of

shares shall be made in the forms, prescribed under the Bihar Co-

operative Societies Rules 1959 for this purpose and an admission fee

ofRs. 1000/- (Rupees One Thousand) only shall be payable by every

member. Every application shall be disposed of by the Board of

Directors, who shall have powers to grant admission or to refuse it

with reasons. In the case of State Govt. however, no such admission

fee will be payable.

8. Any member of Union shall cease to be a member if he subsequently

incurs any of the following disqualifications:-

(I) Becomes a paid employee of the Union or of an affiliated society,

(2) becomes of unsound health,

(3) applies to be adjudged a bankrupt or an insolvent or an

uncertified bankrupt or an undischarged insolvent,

or

(4) is sentenced for any offence other than an offence of a

political character or an offence not involving moral

delinquency, such sentence not having been reversed,

(5) is expelled by registered Co-operative Society or Union;

(6) resigns and his resignation is accepted by the Board of

Director; provided that no member shall be entitled to resign

within a year of admission, or he is in debts to the Union, or is a

surety for any other member society who is in debt to the Union.

(7) Falls to hold the minimum number of Shares as prescribed under

Bye-laws number-l l (c).

Expulsion

9. A member may after an open investigation be suspended.

removed, expelled or disaffiliated from the membership of the Union

by the Board of directors for:-

(a) any serious breach of the bye-laws and rules of the Union;

or

(b) being in default to the Union after due notice has been

given; or

5

(c) any conduct considered by the Board of Directors as improper or

calculated to weaken the financial condition of the Union or bring

into disrepute.

All cases of suspension and removal, expulsion or disaffiliation

shall be reported to the next General meeting for confirmation.

During suspension a member shall not be allowed to excercise any

right attached to his membership.

V. SHARES

10. The authorised share capital of the union shall be Rs. 500 (Rs. Five

hundred) crores rupees divided into Fifty lacs shares of Rs. 1000/-

each. The authorised share capital may at anytime be increased by

resolution of the General meeting provided that such resolution being

in effect an amendment of Bye-laws shall require registration by the

Registrar before put into effect.

11. Duplicate share certificate shall be issued on payment ofRs. 5 in case

the certificate is lost, destroyed and/or worn out.

(a) The full value of the share shall be paid up on allotment of

shares.

(b) Existing members holding share of Rs. 200/- per share shall be

called upon by the Board of Directors to pay the balance

amount of Share money. If any member does not like to

continue as member on this condition, he is at liberty to resign

from membership and his share money will be refunded.

(c) It shall be incumbent on the societies falling under category A

to subscribe a minimum of five shares and for Societies falling

under category 'C' minimum one share. Representatives of

Societies which do not subscribe to this minimum number of

Shares shall not be eligible for election to the Board of

Directors.

12. No individual member can hold shares exceeding 1/5th of the total

share capital of the Union.

13. Share certificate bearing a distinctive number shall be issued for every

share or shares subscribed. A member may ransfer his share after

holding it or them for one year to another member with the approval of

the Board of Directors. The transfer is not complete untill the transfer

has been approved by the Board of Directors and entered in the share

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Register and such fee as the Board of Directors may prescribe has been

paid.

14. The liability of a member shall be limited to the value of share/ shares

held by him.

15. No member shall exercise the rights of member unless or until he has

made such payment to the Union in respect of membership as

prescribed in para II (b).

No member shall acquire interest in the union unless he avails the

facilities being provided by the Union and unless it enters into business

activities being undertaken by the Union.

16. (a) In the event of ceasation of membership under Byelaws No.-8

the amount of share money paid up by him shall be returned to the

member concerned within six months from the date of ceasation of his

membership after adjustment of dues, if any.

(b) In the case of member's death, the question of transfer of his share

or interest in capital of the Union shall be dealt with in accordance

with the provision of byelaws (6C).

VI. GENERAL MEETING

17. The Supreme authority of the Union shall be vested in the

General Meeting.

18. General Meeting shall be of three kinds :-

(a) Ordinary or Annual;

(b) Extra Ordinary;

(c) Special.

19. (a) The Board of Directors of the Union shall, within six months of the

close of the Cooperative year, convene an

ordinary general meeting at which all items of business as

prescribed in these bye-laws shall be transacted; provided that, if

the audit report is not ready, the consideration of it by the ordinary

meeting and the disposal of profits on the basis of this report shall

be held over till an extra-ordinary general meeting is convened for

the said purpose or till next ordinary general meeting.

7

(b) An extra-ordinary general meeting may be called at any

time by the Board of Directors, or on receipt of requisition signed

by one-th ird of members. The Managing Director shall convene

the extra-ordinary general meeting within one month of the date of

receipt of such requisition.

(c) The registrar or any person authorised by him or Conducting officer

notified under Rule 21 B may at any time, direct the summoning

ofa Special General Meeting of the Union, in such manner and at

such time and place as he may fix arid in such a manner as

specified in Act, Rule & Bye-laws.

20. The following among other matters may be dealt with by the ordinary

general meeting :-

(i) To receive from the Board of Directors a report on the

preceeding year's working of the Union together with statement

showing the receipts and disbursements, for the year, and to

sanction appropriation of profits. "

(ii) To consider the report on the action taken on the decisions of

the last general meeting.

(iii) To consider the audit note and the report from the Board of

Directors on it and any other communication received from the

Registrar.

(iv) To fix the limit of borrowing, which may be incurred during the

ensuing year, subject to the maximum limit under Bye- . lows

No.5

(v) To hear and consider any appeal against the decision of the

Board of Directors expelling a member under bye-law No.9

(vi) To alter, rescind or amend the bye-laws.

(vii) To sansction the levy of penal interest.

(Viii) Deleted.

(ix) To dispose of any other business duly brought forward .

21. For any General Meeting 14 days notice shall be given in writing to

each member. A Copyof the written notice shall also be published at

the office of the Union. The notice shall specify the date, hour and

place fixed for holding a meeting and shall state the nature of the

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business to be transacted at the meeting. All notices for any General

meeting shall be issued by the Managing Director.

22. One fourth of the total number of delegates representing 'A' Class

members or 45 delegates, whichever is less, shall

form a quorum at a general meeting. If any quorum is not

forthcoming, within an hour of time appointed for the meeting, the

Chairman shall, if the meeting is extra ordinary general meeting,

dissolve, it, if otherwise, shall postpone it to a date not earlier than

seven days and not later than twenty-one days and the business to be

transacted at the postponed meeting shall be the same and no other

than what was proposed for the original meeting. At such an

adjourned meeting, if a quorum is not shall forthcoming the resolution

may be carried out by a majority of two-third of the members present.

23. (a) Every delegate to the General Meeting shall have one vote and

shall be entitled to vote at the General Meeting unless the delegate

himself or the Society which he represents is disqualified under the

Rules or these bye-laws provided that no delegate shall have more

than one vote.

(b) (i) Delegates to the General Meeting of the Union shall be

elected district-wise from among the individual share

holders from the district and the representatives of the

share holder Societies of the Union- in the district

except one holding 'B' class shares.

(ii) As for the society members of the Union in a district are

concerned, they shall be entitled to send one

representative each duly authorised by a resolution of

the A. G. Meeting or its Managing Committee and such

representative shall have the right to exercise one vote

only to elect the delegates from the district to the

General Meeting of the union.

(iii) From the each district there shall be one delegate for the

General Meeting of the Union to be elected by and from

the individual members and the representatives of such

societies wh ieh are 'C' Class share holders of the Union

from the district.

(iv) From each district the representatives of the 'A' Class

share holders in the district shall elect by and from

among themselves delegates to the General Meeting of

9

the Union at the rate of one for every three 'A' Class

share holders or part thereof subject to a maximum of

seven per district.

Provided further out of the delegates to be elected from

'A' Class share holders of a district atleast one shall be

from schedule caste or schedule tribe, if representative

of that category is available from the 'A' Class members

ofthe district.

(v) The State Government who is share holder, may appoint

one delegate to the A.G. Meeting of the Union.

23. (bb) (I)Deleted.

(2) Deleted.

(3) Deleted.

(4) Deleted.

(5) Deleted.

(6) Deleted.

(7) Deleted.

23. (c) A list of voters shall be prepared as on the losing date of the

year for which the general meeting is held.

(d) The State Government as share holder, may appoint any person

as delegate to represent at the General Meeting.

24. Notwithstanding anything contained in these bye-laws the

election of the members of Board of Directors shall be governed by

Bihar Co-operative Societies Rules framed

under the Act.

25. Excepting by an order of the Registrar no resolution can be brought at a

General Meeting for cancelling the previous resolution of the General

Meeting unless six clear months have elapsed after the passing of the

original resolution.

VII. BOARD OF DIRECTORS

(a) Deleted.

(b) The Board of Directors including the chairman and managing

Director shall consist of 17 (Seventeen) provided that three

directors shall be nominated by the State Govt. (Of three Directors

10

to be nominated by the State Govt., Managing Director shall be

treated as one nominated by the State Govt.). Out of the remaining

13 Directors to be elected, Two shall be from SC/ST, or, one each

from SC and ST., Two from women and One each from Be and

OBC. The Board of Directors to be elected in Special General

Meeting shall have at least one Director from each Division. The

chairman and 12 Directors shall be elected from 'A' class and one

director from 'C' class share holders.

27. Deleted.

28. No. person shall be eligible for election to the Board of Directors or be

entitled to vote in the election if.

(a) (1) he is not a member of the Union; or

(2) he is in default to the Union in respect of any loan taken by

him or in respect of any other dues or is in default to any

other registered Co-operative societies on this date of

election, or

(3) he has directly or indirectly, any interest in any subsisting

contract made with the Union or in any property sold or

purchased by the Union or in any other transaction of the

Union, except in any investment made in, or any loan taken

from the Union;

or

(4) any proceeding for surcharge or an enquiry relating to any

transaction of the Union is pending against him; or

(5) he does any similar business as that of the Union

either in his own name or in the name of a relative.

(b) A member of the Board of Directors shall cease to hold office if

he;

(I) ceases to be a member of this Union; or

(2) incurs any of the disqualifications mentioned in bye- law 8

or bye-law 28 (a) of these bye-laws.

29 (a) Deleted.

(b) The term of Board of Directors shall be five years from the date

of election.

11

(c) Vacancies on the Board occurri ng during its term of office on

account of death or any other cause shall be filled up by Co-

option in case of elected members and by the State Government

in case of nominated members.

(d) An interim vacancy occurring in the office of the Chairman shall

be filled up by the Board for the remaining term untill the

elections are held from amongst the elected members of the

Board and the vacancy so caused will be filled according to bye-

law number 29 (c).

30. Subject to the provision of the bye-laws and directions conveyed in

resolution of General Meeting of the Union the Board of Directors

shall have full authority to carry on the business of Union. The Board

may meet as often as it considers necessary for the transaction of the

business, but at least once in 3 months.

(a) The Board shall be in over-all charge of the Bihar State Co-

operative Marketing Union and shall exercise General control

and supervision over the affairs of the Marketing Union and the

work of its office.

31. No member of the Board shall be present at the time of the

consideration of or vote on any matter in which he has a personal

interest.

32. Should a member of the Board, absents himself from four consecutive

meetings, of the Board without showing reasons considered sufficient

by the Board, he shall be deemed to have ceased to be a member of the

Board.

33. All acts done by the Board or any person acting as a member of the

Buard notwithstanding that it is afterwards discovered that there was

some defect in the appointment of such Board or person shall be

deemed valid as if the Board or every such person had been duly

appointed.

34 The members of the Board of Directors shall be jointly and severally

liable for all transactions conducted in contravention of these bye laws

in pursuance of a resolution passed in the Board unless a particular

member is present and has dissented.

35. Nine members of the Board shall form a quorum.

36. The business of the Board of Directors shall be :-

12

(I) to dispose of application for membership and for shares, and

their transfer;

(2) to raise loans and prescribe conditions on which loan may be

raised;

(3) to collect amounts payable on shares and repayment of loans or

advances;

(4) to sanction the budget and working expenses;

(5) to prepare the annual report and balance sheets;

(6) Deleted.

(7) to lay down general policy in respect of:-

(a) purchase and sale of agricultural produce and other

commodities;

(b) the advance of loans to member-societies on the

security oftheir produce;

( c) procuring, purchasing and storing of seeds, fertilisers,

manures and agricultural implements and their

disposal;

(d) renting, purchasing or constructing godowns, rocessing

yards and cold storages for the purpose of storage,

processing and preserving the perishable articles;

(e) subject to the supreme authority of the General Meeting

to conduct the affairs of the Union and take all

necessary steps to fulfil the objects of the Union.

(8) to consider the audit report along with the rectification report

and place it before the Annual General Meeting.

(9) to appoint committees to carry out specific work of the Union,

The managing Director shall be a member of every such

committee.

(10) Deleted.

(12) to delegate any other function and/or power to the managing

Director which the Board may deem fit

13

(12) to include resolution sent by any director in the agenda for the

next meeting of the Board,

( 13) to allot specific work to the Executive comm ittee or any sub-

Commiittee formed by the Board.

37. It shall be competent for the Board of Directors to frame subsidiary

rules for the business of the Union consistent with the provisions of

Act, Rules and bye-laws for the conduct of the business of the Union,

(a) Deleted.

VIII. EXECUTIVE COMMITTEE

38. There shall be an Executive Committee consisting of not more than

seven persons as under :-

(I) The chairman of the Board of Directors;

(2) Five Directors elected by the Board of Directors;

(3) The Managing Director.

(a) The business of the Executive Committee will be to

carry out such functions as may be entrusted by the

Board of Directors to it from time to time.

(b) The Committee shall meet as often as necessary, Four

members shall form a quorum. No decision of the

Committee shall be valid unless it is assented to by not

less than four members a copy of the proceedings of the

Executive Committee shall be placed before the Board.

(c) The executive Comm ittee shall have such powers laid

down the rules of business framed by the Board of

Directors of the Union with the approval of the

Registrar, Cooperative Societies, Bihar.

IX. MINUTES OF MEETING

40. (a) The minutes of the general meetings shall be recorded in a

Minute Book to be kept for the purpose and the minutes shall

be signed by the person presiding at the meeting.

(b) The proceedings of the meeting of the Board and the Executive

Committee shall be recorded in Minute Books to be kept for the

14

purpose and shall be signed by all members of the Board and

the Committee present at the meeting as the case may be and

names of the members voting for or against any resolution

relating to an item of business involving a financial transaction

shall be recorded

in that book.

(c) The Minute books shall be kept by the Managing Director or

any other officer(s) authorised by the Board.

41 (a) Powers and function of the chairman.

(i) To preside over the meeting of General Body and the

Board of Directors.

(ii) To sign the proceeding of the meeting of General Body

and the meeting of the Board.

(iii) To have general control and supervision over all the

affairs of the Union & its officer/staff.

(iv) The chairman is entitled to give and cast a vote in case

of tie.

(b) In the absence of the Chairman the members or directors

present shall elect from amongst themselves a chairman of the

meeting.

(c) Power of the Board

Subject to supreme authority of the General Body, the Board shall

conduct the affairs of the Union and shall take following measures

for smooth functioning of the Union.

(I) All questions before the Board shall be decided by a majority

of vote should there be any equality of votes, the chairman or

other presiding member shall have a casting vote. No member

of the Board shall be present at a meeting of the Board when

any matter in which he is personally interested is being

discussed.

(2) To nominate its delegates or representatives to other institutions

from among the members of the Union only when such

delegation or representation is not done by the General Body of

the Union.

(3) To frame rules and regulations concerning the business of the

Union. The rules so framed be put up before the next annual

General Meeting.

15

(4) To allot, transfer or refuse share.

(5) To raise share on behalf of the Union as per provision of

byelaws.

(6) To grant loans and advances to members on such terms and

conditions as may be determined from time to time.

(7) To sanction investment of funds of the Union provided that

such sanction is as for the provisions of the bye laws.

(8) To Pass Annual Budget in anticipation of the General Body.

(9) To take all necessary steps to fulfill the aims and objects of the

Union.

(10) To frame regulations concerning the administration of the

Union subject to direction or ap2qproval of the Registrar Co-

operative Societies.

X. MANAGING DIRECTOR

42. The Managing Director shall be responsible for the general

administration of the Union subject to the general order and special

directions of the Board of Directors and Working Committee

43. The duties of the Managing Director shall be :-

(1) to summon all meetings.

(2) to ensure accurate recording of the proceedings of such

meetings in the minute book.

(3) to receive payments and make disbursements on behalf of the

Union subject to the general and special order of the Board of

Directors on this behalf from time to time.

(4) to ensure that all accounts and registers, vouchers,' balance

sheets and other documents required for the transaction of the

business of the Union are maintained properly with the

assistance of the staff;

(5) to conduct correspondence on behalf ofthe Union;

(6) to see that the audit memo is placed before the Board of

Directors for consideration and to take further steps in regard to

rectification report to the.Auditor in time;

(7) to guide, supervise and control the work of the salaried staff of

the Union and to do all other work which may be entrusted to

him by the Board;

16

(8) To appoint, suspend, punish or dismiss any salaried staff of the

Union and to prescribe and assign duties to them subject to the

Rules of Business framed by the Board with the approval of

Registrar Co-op. Societies, Bihar.

(9) to appoint, suspend, fine, punish or dismiss any salaried staff of

the Union falling in the category ofclerical and

subordinate.staff subject to the appro~a!,oftheBoardexcept in

case of suspension and fine;

(10) to delegate any of the above powers with the permission of the

Board to any officer(s) of the Union.

(11) to anticipate Board's decision in matters that cannot wait for a

Board's meeting without prejudice to the interest of the Union;

provided that in all such matters the chairman's approval, if

possible, shall be taken and all matters decided by the

Managing Director in anticipation of Board's approval shall be

brought before the next meeting of the Board for confirmation.

44. (a) Deleted.

(b) Deleted.

45. (a) Deleted.

(b) Deleted.

XI. TRADING BUSINESS

46. Sale and purchase shall be effected in such manner as may be

determined by the Board of Directors or the Executive Committee.

DISTRIBUTION OF PROFITS

47. After payment of establishment and other charges incidental to

management, the balance will be considered as net profit which may

be disposed of by the general Meeting in the following order :-

(a) a sum not less than the minimum percentage fixed in the Act

shall be carried to the reserve fund every year.

. (b) A dividend on shares not exceeding 6% on the paid up share

capital.

(c) Rebate or premium on the value of goods purchased or sold at a

rate to be decided by the General Meeting.

(d) Out of the balance of the net profits that then remains, a sum

not less than 0% may be set apart for propaganda on Co-

operation, education and such other purposes as may be

approved by the Registrar,

17

(e) Bonus of the Staff shall be paid as per provisions of the

Bonus Act, 1965.

(f) Any residue left thereafter may either be placed in the bad debt

fund or sinking fund. or dividend equalisation fund or any other

fund for the benefit of the Union in such proportion as it

considered advisable or may be carried forward to the next

year's profit.

XIII. RESERVE FUND

48. In addition to the sum prescribed in bye-laws no. 47 (a), all entrance

fees and donations other than those for specific purposes shall be

credited to the Reserve Fund. Dividend on share money not with

drawn within three years from the date of declaration shall be

forfeited to the Union and credited to the reserve Fund.

49. The reserve Fund shall be available for any of the following purposes

:

(1) To cover with the previous sanction of the Registrar any losses

arising from any unforeseen circumstances, such drawing upon

it being reimbursed to the fund from the next accruing profit;

(2) to meet any call on the Union which can not be met otherwise,

such payments should be reimbursed to the fund when fresh

collections made.

DISPUTE

50. Any dispute touching the business of the Union in terms of the Act

shall be referred to the Registrar whose decision shall be final.

DISSOLUTION

51. The Union may be wound up with approval of the Registrar, if three

fourth of the total number of members (A and C Class) at a General

Meeting specially summoned to consider the question, vote for it.

INTERPRETATION

52. (a) Should there be a conflict between the bye-laws of the Union

and the bye-laws of the society affiliated to it, the bye-laws of

the Union shall prevail.

(b) Should any doubt arising either in the construction of the Act,

the Rules framed there under or of the bye-laws of the Union,

it shall be the duty of the Board of Directors or the General

18

Body to refer the matter to the Registrar and abide by his

decision.

MISCELLANEOUS

53. Every member shall be supplied with a copy of the Bye-laws.

54. Any of these bye-laws may be altered or rescind or new bye- laws

may be made at a General Meeting and such amendment will come

into force after it has been approved and registered by the Registrar.

55. The Union shall keep a copy of the Co-operative Societes, Act (Act

VI of 1935) with amendments and a copy of the Rules made by the

Government under the Act and a copy of these bye- laws open to

inspection free of charge at reasonable times at its registered office.

56. All matters not specially provided shall be decided according to the

provisions of the Bihar Co-operative Societies Act, 1935 and Rules

framed there under.

57. These bye-laws repeal all the previous bye-laws of the Bihar State

Co-operative Marketing Union Ltd., Patna.

COPY

Form No. VIII

(Rule-18)

CERTIFICATE OF AMENDMENT OF BYELAWS

19

In the matter of the Bihar State Co-operative Marketing Union a Co-

operative Society under the Bihar and Orissa Co-operative societies Act, 1935

(Bihar & Orissa Act VI of 1935).

In exercise of the powers vested in me under sub-section (2) of Section

26 of the Bihar & Orissa Co-operative Societies Act, 1935 C(~ibar and Orissa

Act VI ofl935) I do hereby certify thatamendments to the bye laws of the

above mentioned society as contained in the enclosed document have been

registered under Section 26 of the said Act. in token of which necessary

certificate duly signed and sealed bearing number 16 dated 8th Sept '78 has

been appended on

the document.

The copy of the byelaws deposited in this office has been accordingly

amended. I hereby call upon the Secretary of the said Society to get the

amendment noted in registered copy of the byelaws deposited with society.

.

Sd/- M. L.

Mazumdar

Registrar

Co-operative

cieties,

Bihar, Patna

Seal,

Dated this day of Eight September one thousand nine hundred and seventy

eight.

20

FORM NO. VII

(Rule 17 (2) )

Certificate of registration of amendment, I do hereby certify that the

amendments to the bye-laws of the Bihar State Co-operative Marketing Union

Ltd. registred under the Bihar and Orissa Co- operative Societies Act, 1935

(Act VI of 1935) as contained in the enclosed document have been registerd

under section 25 of the said Act, in token ofwhich necessary certificate

dulysigned and sealed bearingnumber2/HQdated 13th day 3,1982 has been

appended on the document.

The copy of the bye-laws deposited in this office has been accordingly

amended.

Sd/- M. K. Sinha

3.3.82

Registrar

Co-operative Societies,

Bihar

Seal,

Dated this day of thirteenth March one thousand nine inmdred and eighty two.

21

FORM NO. VII

( Rule 17 (2) )

Certificate of registration of amendment

I do hereby certify that the amendments to the bye-laws of the Bihar

State Co-operative Marketing Union Ltd., Patna registered under the Bihar and

Orissa Co-operative Societies Act, 1935 (Act VI of 1935) as contained in the

enclosed document have been registered under section 25 of the said Act, in

token of which necessary certificate duly signed and sealed bearing number 6

(HQ) dated 14.7.82 day 14th July 1982 has been appended on the document.

The copy of the bye-laws deposited in this office has been accordingly

amended.

Sd/-Rajiv Ranjan

14.7.82

Registrar

Co-operative Societies,

Bihar

Seal,

22

FORM NO. VII

(Rule 17 (2) )

Certificate o( registration of amendment

I do hereby certify that the amendments to the bye-laws of the

Bihar State Co-operative Marketing Union Ltd., Co-operative Society

registered under the Bihar Co-operative Societies Act 1935 (Act VI of

1935) as contained in the enclosed documents have been registered

under section 25 ofthe said Act, in token of which necessary certificate

duly signed and sealed bearing number 16IHQRl2005 dated Twenty

Sixth day of November 2005 has been appended on the document.

The copy of the bye-laws deposited in this office has been

accordingly amended.

Sd/- B.B.

Sribastva

Registrar

Co-operative Societies,

Bihar

Dated this day of Twenty Sixth

day of November two thousand Five