Thursday, August 12, 2010

The Tenure of Provisional Committee


    

Provisional committee can continue only for a period of one year. On the expiry one year members of the provisional committee automatically have to vacate their office and can not exercise its power and do not have to perform any duties

v     Maintaining of The Statutory Registers

Every Society has to maintain Statutory Register as per Bye-law No. 142. Brief guidelines for maintenance of the registers are as under:

(i)  Register of Members under Rules 32 and 65 of the Maharashtra Co-operative Societies Rules, 1961

      On registration of the society a copy of the application for registration and a copy of the registered Bye-laws are supplied to the society by the Registering Authority. Based on the application for registration, the Hon. Secretary of the society should enter the names of the persons in the Register of Members. All other details as required by the ‘I’ Form are available in the applications for registration and the applications for membership. Similar entries of persons admitted to membership after the registrations of the society should be made in the Members’ Register.
      It is clarified here that the persons who had signed the application for registration become members of the society on its registration and the date of registration of the society should, therefore, be entered in the said column of admission to membership of the society.

      In certain cases, there is Joint or Associate Membership. The names of persons who become Joint or Associate Members on the registration of the society should also be entered in the Member’s Register below the name of the member whose name stands first in the application for registration. It may not be necessary to enter other details in the Member’s Register in respect of a joint or Associate Member.

      There is another class of members called Nominal Members. Such members are not required to hold any shares and there cannot be any transfer of shares in their name. The question of making entries regarding the shares held and the shares transferred, therefore, does not arise in the case of Nominal Members.

(ii) List of Members

      The form of this register is prescribed under Rule 33 of the Maharashtra Co-operative Society Rules, 1961. The purpose of prescribing this register is clear from the columns of the register. It is easy for any person to see the names of the members and their addresses at a glance. Although the columns of the register are very clear, it should be noted that the 3er column of the register is recognized i.e.(i) Ordinary Member, (ii) Associate/Joint member and (iii) Nominal member. Column 3 should indicate the class to which the member belongs. The changes in membership i.e. (i),(ii),(iii) should be recorded in the register as soon as the change take place.
  
(iii)Register of Shares

      As yet the form of the Shares Register has not been prescribed under the Maharashtra Co-operative Societies Rules, 1961. The names of the members who are allotted shares should appear in this Register in the same order in which they appear in the Members Register.

(iv)Minutes Book for recording proceedings of general body meetings and managing committee meetings
     
      No special form of book for this has been prescribed under the Maharashtra Co-operative Societies Rules, 1961. The usual practice is to use a foolscap exercise book and to record the proceedings in the same.

(v) Financial Books of Accounts

     1   Cash/Bank Book

     2   General Ledger

     3    Personal/Member’s Ledger

      4    Bills/Demand Register
  
    5    Journal Entries Register
    
         No form of these books is prescribed under Maharashtra Co-operative Societies Rules,   1961. They are to be used as in common financial books of accounts.

   (vi) Property Register

         No form of this Register has been prescribed under the Maharashtra Co-operative Societies Rules, 1961.

(vii)Register of audit Objections and their Rectification
      
      The Form of the Audit Rectification Report has been prescribed in ‘O’ Form under the Maharashtra Co-operative Society Rules, 1961.

(viii)Additional Registers

      In addition to the Books and Registers mentioned in Rule 65 of the Maharashtra Co-operative Societies Rule, 1961, Co-operative housing societies are required to maintain the following Books and Registers

(a) Investment Register
     No form of this Register has been prescribed under the Maharashtra Co-operative Societies Rules, 1961.

(b) Nomination Register
     No form of this Register has been prescribed under the Maharashtra Co-operative Societies Rules, 1961.

(c) Appointment of Managing Committee Members
     No form of this Register has been prescribed under the Maharashtra Co-operative Societies Rules, 1961

(d) Register of Transfer
      No form of this Register has been prescribed under the Maharashtra Co-operative Societies Rules, 1961.

(e) Register of Transfer
     No form of this Register has been prescribed under the Maharashtra Co-operative Societies Rules, 1961.

(f) Levy of charges Register
     No form of this Register has been prescribed under the Maharashtra Co-operative Societies Rules, 1961.

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