| |
|
|
 |
BYE LAWS
OF
THE HARYANA STATE FEDERATION OF CONSUMER’S
COOPERATIVE WHOLESALE STORES LTD.
CHANDIGARH
1. In these Byelaws unless there is anything repugnant to the subject or context :-
- The Act means the Punjab Cooperative Societies Act, 1961 and the Rules means Punjab Cooperative Societies Rules, 1963.
- The word ‘State Federation’ means the Haryana State Federation of Consumer’s Cooperative Wholesale Stores Ltd.
- Affiliated society means a Consumer’s Cooperative Wholesale Stores.
- Words and expressions defined in the Act and the Rules shall have the meanings assigned to them in the Act and the Rules.
- Individual means the persons residing in rural area.
- The name of the State Federation is the Haryana State Federation of Consumer’s Cooperative Wholesale Stores Ltd.
- The registered office of the State Federation will be situated at Ambala.
- The area of operation of the State Federation shall extend to the State of Haryana.
- The objects of the State Federation are primarily to coordinate and facilitate the working of the affiliated Cooperative Wholesale Consumer’s Stores and to assist in the promotion, organization and development of Cooperative Wholesale Consumer’s Stores and with that end in view :-
- To make bulk procurement of consumer goods from within the State and other States for sale and supply to affiliated societies and arrange for proper storage, packing, grading and transport of such goods.
- To function as Agent of Government and undertakings in public, private and Cooperative sectors for the distribution of controlled and other consumer goods and to import consumer goods from abroad in suitable circumstances on behalf of affiliated societies and other Cooperatives.
- To establish and run manufacturing and processing units for the production of consumer goods in collaboration with other cooperatives or directly itself.
- To build common cadres of employees of affiliated Cooperative Wholesale Stores.
- To render technical guidance and assistance to affiliated Wholesale Stores in grading, packing, standardization, bulk buying, storing, display, pricing and other business techniques and also management methods to improve and develop their operational efficiency.
- To advise and assist affiliated wholesale stores in standardizing, accounting and stock control methods and practices.
- To supervise the working of affiliated wholesale stores.
- To hold seminars, conferences, meetings and undertake publicity, propaganda and education campaigns and similar other functions as may held the development of Consumer Cooperative Movement within its area of operation.
- To act as Insurance Agent.
- To collect and disseminate market intelligence and other information relating to the business of consumer’s cooperatives.
- To arrange for the training of the employees of Consumer’s Cooperatives in coordination with and with the assistance of other concerned agencies.
- To assist the affiliated wholesale stores in securing financial accommodation from Government, State Bank of India, State and Central Cooperative Banks and from other Commercial Banks or financing agencies.
- In furtherance of the aforesaid objects the State Federation shall be at liberty:-
- To receive share capital and loans from Government and loans from Cooperative financing agencies and the State Bank of India.
- To accept agency of any person or firm or Government for sale or distribution of consumer goods.
- To establish business relations with marketing, processing and industrial cooperatives.
- To become member of the state Cooperative Bank, National and State Level Federations and Unions.
- To acquire lands and buildings, vehicles, factories/workshops and machinery and equipments.
- To create a cell of technical personnel.
- To set up a Committee or Cell for selection, appointment and control of the cadres of employees of affiliated wholesale stores.
- To undertake management of an affiliated wholesale stores, where necessary, on such terms & conditions as may be mutually agreed between the state Federation and the affiliated Wholesale Stores.
- To accept deposits from members and non members and to borrow funds from the Cooperative Bank, The State Bank of India or Government or any other source approved by the Registrar.
- To undertake with the approval of the Registrar such other activities as are incidental and conducive to the attainment of its objects and calculated to help the development of Consumers Cooperative Movement.
- To undertake the retail business in rural area by opening its own retail outlets/shops of District, Sub-Divisional Offices in the state of Haryana.
- Membership of the State Federation shall be opened to the following in its area of operation :-
- Cooperative Wholesale Consumer’s Stores and Cooperative Societies recognized as Wholesale Stores by the Registrar.
- The State Government (Haryana)
- Any individual shall be eligible for admission as a member of the Society if he is :-
- Over 18 years of age and of sound mind.
- Of good character.
- Ordinary resident in the area of operation of the Society
- No individual shall be eligible for admission as member if :
- he has applied for bank- ruptcy.
- .he has been declared as insolvent.
- He has been sencensed for any offence involving dishonesty or moral turpitude within 5 years proceeding the date of his admission.
- Cooperative Wholesale Stores and other qualified in accordance with Byelaw No.6 who have joined in the application for registration or who may thereafter be admitted in accordance with these byelaws.
- Every member society on admission shall pay Rs. 10/- (Rs. Ten only) as admission fee (which shall not be refunded in any case) and hold at least twenty five share and in the case of individual Rs. 1/- as admission fee and at least one share.
- Application for admission as a member shall be made to the Managing Director in the firm, if any prescribed for this purpose. Every Cooperative Wholesale Store or person qualified for membership of the State Federation, in accordance with its byelaws shall on application be admitted to membership of the State Federation by the Board of Directors, provided that it shall be open to the Board to refuse admission to any applicant for good and sufficient reasons to be recorded in writing and communicate to the applicant. An applicant who is refused admission or to whom the decision of the Board of Directors on the application for admission has not been communicated within a period of 2 months from the date of the application shall have a right of appeal to the Registrar whose decision shall be binding on the State Federation.
- a) A person shall not acquire the rights and privileges of membership until
(it or they) have paid the admission fee and subscribed shares and has made the payment due on account of such shares, as required under bye-laws No. 8.
case of State Government.
11. An affiliated Society, may be a resolution of its Managing Committee, authorise one of its members to act as its representative and the member so authorized shall be entitled to exercise the same powers on behalf of the society which he represents as that society could exercise as a member of the State Federation.
v) Ceasing to reside in the area of operation of the Society.
13. A member society may be expelled if it persistently defaults or fails to carry out its obligations to the State Federation, deliberately commits serious breach of the rules of Byelaws willfully deceives the State Federation by false or fictitious statements and documents or does any act which is likely to be injurious to the credit, reputation or stability of the State Federation. Before such expulsion the member concerned shall be given an opportunity to explain the position and if the Board of Directors of State Federation rejects the explanation, the aggrieved member society shall have the right of appeal to the Registrar within a period of two months (from the date of communication of the rejection of the explanation) and the decision of the Registrar shall be binding on the State Federation.
14. A member on withdrawal, whether voluntarily or through action of the State Federation, shall subject to the rules of the State Federation, have no claim on the reserve fund or any other funds or property of the State Federation.
ii) The State Federation may invest or deposit its funds :-
- In the Post Office Savings Bank, or
- In any of the securities specified in section 20 of the Indian Trust Act 1882, or
- In the shares of securities of any other Cooperative Society, or
- With any bank carrying on the business of banking approved for this purpose by the Registrar, or
- In any other mode permitted by the rules
- Each member shall subscribed at least such as given under Bye-Laws No. 8 and pay his shares in full at the time of decision.
- If the installments due on account of shares remain unpaid for more than three months, the Board of Directors may declare such shares forfeited, together with all payment made thereon, the rights of membership attaching to these shares to extinguished. The Board of Directors may allow such shares for the purpose.
- All area, together with such penal interest as the Board of Directors decided are paid within the period fixed by them for the purpose.
- Share shall not be withdrawn or transferred unless held for one year or otherwise than as provided in the byelaws and subject to the provisions of the Punjab Cooperative Societies Act and the Rules provided that the shares held by Government may be retired within such period as may be decided by Government.
- The State Federation shall have the right to set off any money due on account from the State Federation to a member in payment of any sum which it owes to the State Federation or the which it stands surety.
- The General Body shall consist of the representatives/ nominees of the members. An affiliated society/member can withdraw delegate any time and send another instead. A delegate ceasing to be the member of the affiliated society/member which be represents shall cease to represent it.
- The instrument appointing a delegate shall be in writing and in such form as may from time to time be determined by the Board of Directors and shall be deposited at the registered office of the State Federation before the time fixed for holding the meeting at which the delegate named in the instrument purposes to vote.
- The first general meeting of the members shall be held within three months from the date of registration and shall have the same powers as are hereunder given to the annual meeting.
- A special general meeting may be called at any time by the Board of Directors on receipt of a requisition from two thirds of the total number of members or at the instance of the Registrar or any person authorized by him.
- In case of the annual general meeting, the date, time and place of the meeting shall be announced at least 15 days in advance and a written notice to this effect published on the Notice Board of the State Federation and circulated to the members.
- The presence of at least one half of the members, excluding nominees of Government shall be necessary for the disposal of any business at a general meeting. The Chairman of the meeting shall have a casting vote. No proxies shall be allowed. No delegate shall be allowed to vote if the member society be represents in arrears with its share installments.
- The President or the Vice President, or in their absence one of the other delegates elected for the purpose shall preside.
22. (2) If within half an hour from the time appointed for the general meeting, a quorum is not present, the meeting if convened on the requisition of members or at the instance of Registrar, shall be dissolved in any other case, it shall stand adjourned to the same day in the next week at the same time and place and at such adjourned meeting if a quorum is not present within half an hou from the time appointed for the meeting, the members present shall from a quorum. No business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place.
23 (1) Subject to the provisions of the Punjab Cooperative Societies Act, 1961 and the Rules made there under and subject to a specific delegation of powers to the Board of Directors under these Byelaws or delegation of other powers by a specific resolution of the general meeting the supreme authority of the Federation shall vest in its General Body as envisaged under section 23 of the Punjab Cooperative Societies Act, 1961.
(2) The General Body shall not interfere with the action either of the Board of Directors or its Sub Committees or any actions of the officers of the Federation performed in exercise of the powers conferred on them under these Byelaws or in pursuance of the powers delegated to them by the general meeting In particular, the General Body shall have the following powers and duties :-
25. Amendment of Byelaws shall only be carried out by a majority of not less than 2/3rd of the members present in a general meeting provided that due prior notice of the intention to discuss such amendments in this meeting has been given, such amendments shall be forwarded to the Registrar for registration within a period of 30 days from the date of the meeting.
anything contained above, the first Board of Directors will be elected as soon as possible, after registration, general meeting of all members and shall hold office for 3 years. With effect from the 4th year, the members of the Board of Directors shall be retired in the manner indicated hereunder. If for any reason or otherwise elections are not completed and the new Board of Directors does not take place at the end of the three years period, then the Management of the Society will be vested with the powers of Board of Directors as is nominated from time to time by the Registrar.
(ii) The delegates in the Annual General Meeting shall elect the Director from among themselves. Immediately after the Annual General Meeting is over, the members of the Board of Directors shall, in a meeting called for the purpose, elect from amongst the elected and nominated Directors, other office bearers (the President and Vice President being elected in the general meeting.
(iii) Any vacancy occurring after the election shall be filled by the Board of Directors by co-opting a member possessing the necessary qualifications. This co-option shall be valid until the next annual meeting in which the vacancy shall be filled by election. A member elected to fill such vacancy shall retire when the member in whose place he has come, in would have retired.
27 A member of the Board of Directors shall cease to hold office if he :-
2) resigns and is resignation is accepted by the Board
28.(i) The Board shall exercise all the powers of the State Federation except these reserved for the general meeting, subject to any regulations or restrictions laid down by the State Federation in a general meeting or in the Byelaws and in particular shall have the following powers and duties:-
a) To admit new members, raise and invest funds, and observe, in all transactions of the State Federation, the provisions of the Act, the notified Rules and the Byelaws.
o) Through any member or officer or employee of the State Federation or any other person specially authorized to institute, conduct, defend, compromise, refer to arbitration or abandon legal proceedings by or against the State Federation or the Board or the Officers or employees concerning the affairs of the State Federation.
q) To lay down general policy of business, to direct and control the affairs of the State Federation and draw up programme of business, production, technical help for affiliated wholesale stores.
s) To construct, purchase, take on hire or otherwise acquire godowns, trucks, machinery or other property considered necessary for carrying out the business of the state Federation and enter into contract for the purpose.
z) The Board may appoint various Committees for efficient conduct of business. The Committee shall, in the discharge of the functions entrusted to them, conform in all respects to these Byelaws and to the instructions given by the Board.
28. (ii) The President and the Vice-President shall exercise such powers and perform such duties as are conferred on them by the Act, Rules and these Byelaws and may from time to time be conferred on them or required of them by the general meeting.
28 (iii) Notwithstanding anything contained in the Byelaws, the powers of the Board of Directors shall vest in the Registrar till the first meeting of the Board of Directors of the Society.
The Board of Directors shall meet for the transactions of the business of the State Federation at least once in every three months and as more of than as may be necessary.
- Notice of a meeting of the Board of Directors shall be sent to every Director specifying date, place and time of the meeting with a statement of business to be transacted there at least 15 days before the date of the meeting. Provided that a shorter notice may be given to all the Directors of the Board with the permission of the Registrar or under his directions.
- The President of the Federation shall preside over all meetings at which he is present. In the absence of the President, the Vice President shall take the chair or in his absence the Directors present shall elect one amongst them to preside over the meeting.
- The quorum at a meeting shall be one-half of the total number of the Directors but there shall be no meeting of the Board of Directors unless at least 1/3rd of the elected Directors attend it.
- Every resolution at a meeting shall be decided by majority of votes and if the votes be equal, the President shall have a second or casting vote.
- Any three Directors may requisition a special meeting of the Board of Directors.
- Every Director present at a meeting shall sign his name in a book to be kept for that purpose.
30. The Board of Directors may appoint a Managing Director subject to prior approval of Registrar, Coop. Societies.
Generally to conduct the business of the State Federation and to implement the policy and programme laid down by the Board of Directors for the purpose.
ii) To supervise and direct the day-to-day business of the State Federation in accordance with the policy laid down by the Board of Directors and appoint such staff as may be necessary for the purpose with the approval of the Board.
iii) To observe the provisions of the Act, the Rules, the Byelaws in conducting the business of the Federation.
vii) To maintain correct and up to date registers and record as is specified in the Byelaws and as may be directed by the Board of Directors or the Registrar from time to time.
viii) To prepare and lay before the General Meeting and the Board of Directors, profit & loss account, audited balance sheet provided that he shall lay before the Board of Directors operation report of the Federation at the end of every month.
ix) To arrange for the safe custody of the stock, property and assets of the Federation.
x) To ensure that the bonus and other documents are properly executed by the borrowers and others in favour of the Federation.
xi) To ensure that all receipts, vouchers and other documents are prepared in accordance with the general Rules and the Byelaws.
xii) To conduct correspondence on behalf of the Federation.
xiii) To ensure that record in regard to the meetings of the General Body and the Board of Directors is properly maintained.
xiv) To certify copies and entries in the Board of the Federation.
xv) To prepare documents and other periodical as may be directed by the Registrar, or the Board of Directors from time to time.
In the absence of Managing Director, the Board of Directors may authorize any other Officer to perform his duties.
iii) He shall guide, supervise and control the work of the other salaried staff of the Federation.
iv) He shall have full control over the staff of the Federation. He shall be competent to make appointment of the subordinate staff with starting pay upto Rs. 250/- per month or such lower limit as may be prescribed by the Board of Directors.
vi) He shall sign receipts on behalf of the Federation. Share certificates and other documents shall be signed jointly by the Managing Director and one member of the Board of Directors specially authorized for the purpose by the Board of Directors.
32. The Managing Director shall cause proper books of accounts registers and other documents to be maintained as may be prescribed by the Cooperative Societies Act and the Rules or by the Registrar.
33. Copies of the Byelaws and the balance sheet shall be supplied free on demand to any member of the Federation.
34. The Board of Directors shall arrange for such internal audit and supervision as they may deem proper and as may be directed by the Registrar.
c) Dividend on shares may be paid not exceeding 6% per annum, as may be recommended by the Board and declared in the general meeting.
d) The remaining amount, if any, may be allotted to any or all of the purposes detailed below or may be carried over :-
36. The rebate on purchases by member societies shall be paid according to the rules framed by the Board of Directors.
37. Allocation and distribution of profits shall be made only after the annual audit and no dividend shall be paid otherwise than out of realised net profits and certified as such by the Auditor.
38.
39.
If any dispute touching the constitution of the Federation arises between the members and past members of the Federation or other persons referred to in the relevant provisions of the Act and the Rules framed there under.
It shall be disposed of in the manner provided in such Act and Rules.
40. The services of the Chief Executive of the Society and such other officers as may be specified by the Registrar from time to time, shall be borne on the strength of the common cadre of the Federation. Such services shall be governed by the service rules of common cadre framed by the Registrar and amended or modified by him from time to time. These rules shall, interalia, include various financial obligations for the society and also provisions regarding transfers and promotions of the employees. These rules shall be binding on the society.
“Notwithstanding anything contained in the Byelaws, the Chief Executive of the Society, by whatever name called i.e. whether Secretary, Manager, General Manager etc. shall be appointed by the Registrar for the first two years and on such terms as he considers fit”.
41. The State Federation may be wound up in with the provisions of the Act and the
42.
All matters not specifically provided for in these Byelaws shall be decided according to the provisions of the Act and the Rules and if there be no provision in the Act and the Rules applicable to such matter, than the subject may be decided in such manner as may be directed by Registrar. Should any doubt arise as to the interpretation of the Act and the Rules and the Byelaws, the Board of Directors shall refer the matter to the Registrar, whose advice shall be binding.
THE HARYANA STATE FEDERATION OF CONSUMER’S COOPERATIVE WHOLESALE STORES LTD. (CONFED)
Name |
Designation |
Phone No. |
Residence No. |
Address |
Shri Bajrang Dass Garg |
Chairman |
2701552 |
01662-286133 |
982/14, Hissar |
Shri S.K. Monga |
Managing Director |
2701551
5078244 |
2792666 |
907/7,Chandigarh |
Shri A.S. Dhillon |
SAE |
2721510 |
2694938 |
214/40, Chandigarh |
Shri S.S.Gehlawat |
GM (Legal) |
EPBX |
- |
116/11, Chandigarh |
Shri V.K. Gupta |
GM (P) |
EPBX |
2271781 |
1469, Phase V, Mohali |
Shri S.K.Dahanwal |
GM (A) |
EPBX |
2731150 |
165, Adarsh Nagar, Manimajra |
Shri Vinod Kumar |
AM (B) |
EPBX |
2551018 |
804/20 GHS-71, Panchkula |
|
|
| |
|
|