Amendment status not verified — confirm the current text below against the official source.
Power to make rules.- (1) The Government may, for the whole or any part of Puducherry and for any registered society or class of such societies, make rules to carry out all or any of the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may – 126 (i) prescribe the forms to be used and the conditions to be complied with in the making of applications for the registration of a society and the procedure in the matter of such applications; (ii) prescribe the procedure to be followed when societies change their form of liability; (iii) prescribe the matters in respect of which a society may make by- laws, the procedure to be followed in making, altering and abrogating by- laws and the conditions to be satisfied prior to such making, alteration or abrogation; (iv) prescribe the conditions to be complied with by persons applying for admission or admitted as members, and provide for the election, admission and removal of members; (v) provide for the payment to be made and the interests to be acquired before the exercise of the right of membership; (vi) regulate the manner in which funds may be raised by means of shares or debentures or otherwise; (vii) prescribe in the case of a financing bank the proportion of individual members to society members in the constitution of its general body or its committee, and the maximum number of members of its committee; (viii) provide for general meetings of the members and for the procedure at such meetings and the powers to be exercised by such meetings; (ix) provide for the appointment, suspension and removal of the members of the committee and other officers (not being a paid officer) and for the procedure at meetings of the committee and for the powers to be exercised and the duties to be performed by the committee and other officers; (x) prohibit a society from appointing a defaulting member of any society to its committee or to the committee of any other society and allowing him to exercise his rights of membership in the society or to represent it in another society and vote; (xi) provide for the prescription by the Registrar of the accounts and books to be kept and maintained by a society, the form in which accounts and books shall be kept and maintained and in case of failure to do so for the levy of expenses of writing up such accounts and books; (xii) provide for the periodical publication of a balance sheet showing the assets and liabilities of a society; 127 (xiii) provide for the prescription by the Registrar of the returns to be submitted by a society to the Registrar, the person by whom and the form in which such returns shall be submitted and in case of failure to submit any such return, for the levy of the expenses of preparing it; (xiv) provide for the persons by whom and the form in which copies of entries in books of societies may be certified and for the charges to be levied for the supply of such copies; (xv) provide for the formation and maintenance of a register of members and, where the liability of the members is limited by shares, of a register of shares; (xvi) provide for – (a) the appointment of an arbitrator or arbitrators to decide disputes; (b) the procedure to be followed in proceedings before the Registrar, arbitrator or arbitrators or other person deciding disputes including the appointment of a guardian for a party to the dispute, who is a minor or who by reason of unsoundness of mind or mental infirmity is incapable of protecting his interests; (c) the levy of the expenses incidental to such proceedings; and (d) the enforcement of the decisions or awards in such proceedings; (xvii) provide for the withdrawal of members and for the payments, if any, to be made to members who withdraw and for the liabilities of past members or the estates of deceased members; (xviii) prescribe the prohibitions and restrictions subject to which societies may trade with persons who are not members; (xix) provide for the mode in which the value of a deceased member’s interest shall be ascertained and for the nomination of a person to whom such interest may be paid or transferred; (xx) prescribe the payments to be made and the conditions to be complied with by members applying for loans, the periods for which loans may be made and the amount which may be lent, to an individual member; (xxi) provide for the formation and maintenance of reserve funds and the objects to which such funds may be applied and for the investment of any funds under the control of a society; (xxii) prescribe the extent to which a society may limit the number of its members; (xxiii) prescribe the conditions under which profits may be distributed to the members of a society with unlimited liability and the maximum rate of dividend which may be paid by societies; 128 (xxiv) prescribe the procedure to be followed by a liquidator appointed under section 127 and provide for the disposal of the surplus assets, if any, of the society; (xxv) prescribe the procedure to be followed in presenting and disposing of all appeals and applications for revision and review under this Act and the fees to be paid in respect of such appeals and applications; (xxvi) prescribe the period for which and the terms under which aid may be given by the Government to co-operative societies and the terms under which the Government may guarantee the payment of interest on debentures issued or deposits received by co-operative societies; (xxvii) provide for the custody of property attached under this Act; (xxviii) provide for the issue and service of processes and for proof of service thereof; (xxix) provide for the levy of fees for granting certified copies of documents in the Registrar’s office; (xxx) provide for the investigation of claims and objections that may be preferred against any attachment effected by the Registrar or any person empowered by him; (xxxi) provide for the recovery of costs awarded against the Government in cases under section 82; (xxxii) prescribe the procedure for the attachment and sale of property under section 133; (xxxiii) prescribe the procedure and the disposal of the business of the Tribunal; (xxxiv) prescribe the procedure to be followed and provide for other matters dealt with in Chapter X of this Act; and (xxxv) provide for all matters expressly required or allowed by this Act to be prescribed by rules. (3) All rules made under this Act shall be published in the Official Gazette and unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published. (4) All rules made under this Act shall, as soon as may be after it is made, be laid before the Legislative Assembly of Puducherry while it is in session for a total period of not less than fourteen days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session in which it is so laid or the sessions aforesaid, the Assembly makes any modifications in the rule or decides that the rules should not be made, the rules 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. 129