Section 124 - Power to make rules. - Multi-State Co-Operative Societies Act, 2002

Power to make rules . 124. (1) The Central Government may, by notification, make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely : ( a ) the form to be used, the particulars to be given and the conditions to be complied with in making of applications under section 6 for the registration of a multi‑State co‑operative society and the procedure in the matter of such applications; 1 [ (aa) the guidelines under sub-section (2) of section 7; ] ( b ) the matters in respect of which a multi‑State co‑operative society may make bye‑laws under sub‑section (2) of section 10; ( c ) the manner in which the order of refusal to register any amendment of the bye‑laws shall be communicated under sub‑section (9) of section 11; ( d ) the manner in which a multi‑State co‑operative society shall have a principal place of business and registered address under section 14; ( e ) the procedure and conditions for change in the extent of the liability of a multi‑State co‑operative society under section 16; ( f ) the manner in which order of refusal to register an amendment of bye-laws shall be communicated under sub‑section (4) of section 22; ( g ) the classification of federal co‑operative and other terms and conditions applicable to it under sub‑section (3) of section 23; ( h ) the restriction on holding the share capital of the society other than a member referred to in section 33; ( i ) the constitution and powers of smaller body representing the general body under the proviso to sub‑section (1) of section 38; ( j ) the period within which annual general meeting be called and the procedure at such meetings and the powers to be exercised by such meeting under section 39; 2 [ (ja) the manner in which the board of a multi-State co-operative society shall provide information, documents, personnel, funds or expenses or any other assistance as sought by the Co-operative Election Authority for conducting elections under clause (a) of sub-section (2) of section 43; ] 3 [ (k) the composition of the Selection Committee for appointment of Chairperson, Vice-Chairperson and Members of the Co-operative Election Authority under sub-section (1) of section 45; (ka) the qualification and experience for appointment of Member of the Authority under clause (iii) of sub-section (3) of section 45; (kb) the salaries and allowances payable to, and other terms and conditions of service of the Chairperson, Vice-Chairperson and Members of the Authority under sub-section (5) of section 45; (kc) the other powers and functions of Chairperson under section 45A; (kd) the procedure of inquiry under sub-section (2) of section 45B; (ke) time, places and the procedure to be observed by the Authority in regard to transaction of business at its meetings under sub-section (1) of section 45H; (kf ) other functions of the Authority under clause (iii) of section 45-I; (kg) the manner of election of members of board by secret ballot under sub-section (3) of section 45J; (kh) the manner of bearing the expenses for holding elections by the Authority under sub-section (6) of section 45J; (ki) the manner of discharge of functions by the Returning Officers and observers under sub-section (1) and clause (a) of sub-section (3) of section 45K; (kj) other functions of the observers under clause (a) of sub-section (3) of section 45K; ] ( l ) the nomination of members under the second proviso to sub‑section (1) of section 48; ( m ) the additional measures and acts which may be taken or, as the case may be, done by the board under section 49; 4 [ (ma) the procedure for recruitment of employees under proviso to clause (e) of sub-section (2) of section 49; ] ( n ) the salary and allowances payable to and other terms and conditions of the Chief Executive under sub‑section (3) of section 51; 5 [ **** ] ( p ) the persons by whom and the form in which copies of entries in books of multi‑State co‑operative societies may be certified under section 58 and the charges to be levied for the supply of such copies; ( q ) providing aid to multi‑State co‑operative societies on certain terms and conditions under clause ( g ) of section 61; 6 [ (qa) the manner of maintenance of fund under clause (b) of sub-section (1) of section 63; ] ( r ) the conditions under which profits may be distributed to the members of a multi‑State co‑operative society and the maximum rate of dividend which may be paid by the multi‑State co‑operative societies under section 63; ( s ) establishment of contributory provident fund under sub‑section (1) of section 69; 7 [ (sa) the manner of appointment of Co-operative Ombudsman and submission of complaints to such Ombudsman under sub-section (1) of section 85A; (sb) the manner of filing an appeal by society against directions of Ombudsman under sub-section (3) of section 85A; (sc) other matters under clause (d) of sub-section (5) of section 85A; ] ( t ) the manner of disposing of the surplus under clause ( k ) of sub‑section (2) of section 90; ( u ) the manner in which surplus assets be divided by the Central Registrar with the previous sanction of the Central Government under clause ( b ) of section 91; ( v ) the appellate authority to be specified under sub‑section (2) of section 99; ( w ) the procedure under section 103 for reconstitution and reorganisation of societies which became the multi‑State co‑operative societies consequent on reorganisation of States; 8 [ (wa) the manner of recovery and deposit of proceeds of unlawful gains under sub-section (6) of section 104; (wb) the manner to make an application with such fee for the purpose of getting information under sub-section (2) of section 106; ] ( x ) the inspection of records of the society on payment of fees under clause ( b ) of sub‑section (2) of section 107; 9 [ (xa) the manner of powers being exercised by the Central Government in respect of matters relating to filing of applications, documents, inspections and the like in electronic form under sub-section (1) of section 120A; (xb) the manner of discharging the functions or exercising powers with respect to matters mentioned therein by the Central Registrar in electronic form under sub-section (2) of section 120A; ] ( y ) any other matter which is required to be, or may be, prescribed. 10 [ (3) Every rule made under this section and any notification issued under section 116 shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree that the rules and any notification issued under section 116 should not be made, the rule and any notification issued under section 116 shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule and any notification issued under section 116. ] **************** NOTES:- 1. Inserted vide THE MULTI-STATE CO-OPERATIVE SOCIETIES (AMENDMENT) ACT, 2023 dated 03-08-2023 2. Inserted vide THE MULTI-STATE CO-OPERATIVE SOCIETIES (AMENDMENT) ACT, 2023 dated 03-08-2023 3. Substituted vide THE MULTI-STATE CO-OPERATIVE SOCIETIES (AMENDMENT) ACT, 2023 dated 03-08-2023 before it was read as, ( k ) the election of members of the board under sub‑section (2) of section 45 through secret ballot; 4. Inserted vide THE MULTI-STATE CO-OPERATIVE SOCIETIES (AMENDMENT) ACT, 2023 dated 03-08-2023 5. Omitted vide THE MULTI-STATE CO-OPERATIVE SOCIETIES (AMENDMENT) ACT, 2023 dated 03-08-2023 before it was read as, ( o ) the conditions subject to which the board may constitute an Executive Committee and other committees or sub‑committees under sub‑section (1) of section 53; 6. Inserted vide THE MULTI-STATE CO-OPERATIVE SOCIETIES (AMENDMENT) ACT, 2023 dated 03-08-2023 7. Inserted vide THE MULTI-STATE CO-OPERATIVE SOCIETIES (AMENDMENT) ACT, 2023 dated 03-08-2023 8. Inserted vide THE MULTI-STATE CO-OPERATIVE SOCIETIES (AMENDMENT) ACT, 2023 dated 03-08-2023 9. Inserted vide THE MULTI-STATE CO-OPERATIVE SOCIETIES (AMENDMENT) ACT, 2023 dated 03-08-2023 10. Substituted vide THE MULTI-STATE CO-OPERATIVE SOCIETIES (AMENDMENT) ACT, 2023 dated 03-08-2023 before it was read as, (3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.