“JANASEVA” WOMEN’S MULTISTATE COOP. SOCIETY LTD

“JANASEVA” WOMEN’S MULTISTATE COOP. SOCIETY LTD., (Proposed)


1.Name, Address and Area of Operation:

Section 2(a) of MSCS Act. 2002
Rule 8 of MSCS Rules, 2002
(i) The name of the cooperative society shall be “Janaeva Women’s Multistate Cooperative Society Ltd.”, [hereinafter called as JANSEVA]. Its Registered Office shall be 270, Yadogopal Peth, F5, Samarth Darshan App. Rajwada, Satara (Maharashtra). JANSEVA may open its branches or place of business all over India.

(ii) The area of operation of JANSEVA shall be Uttar Pradesh, Maharashtra & Manipur.

2. Common Seal

Section 9 of the Act.
(i) JANSEVA shall have a Common Seal. The Common Seal shall be kept in the safe custody of the Officer authorised by the Board and shall be used on the authority of a resolution of the Board constituted under the bye-laws of the society.

(ii) JANSEVA shall be a body corporate which can sue and be sued in its name and power to acquire, hold and dispose off property, both movable and immovable and enter into contract, institute and defend suit and other legal proceedings and to do all things necessary for the purpose of furthering the interest of its members based on cooperative principals.

(iii) JANSEVA shall conduct its operations in a professional manner to ensure the social and economic development of its members for optimum returns on their contributions in JANSEVA with an eye to serve mankind and community in a noble manner.

3. Definitions :-

Section 3 of the Act.
The words/expressions appearing in these bye-laws shall have the following meaning unless otherwise provided:

a) “Act” means the Multi-State Co-operative Societies Act. 2002 as amended from time to time. [MSCS Act. 2002]

b) “Rules” means the Multi-State Co-operative Societies: Rules, 2002 made under the Act and as amended from time to time. [MSCS Rules 2002]

c) “Central Registrar”, means the Central Registrar of Co-operative Societies appointed under the provisions of the Act;

d) “Bye-laws” means the Bye-laws of JANSEVA for the time being in force which have been duly registered or deemed to have been registered under the Multi State Co-operative Societies Act. in force and includes amendments thereto which have been duly registered or deemed to have been registered under the Act;

e) “General Body”, means all the members of JANSEVA and in relation to a national cooperative society or a federal cooperative means all the delegates of member cooperative society and includes a body constituted under the provisions of the Act;

f) “Board” means the Board of Directors of JANSEVA.
g) “General Meeting” means a meeting of the General Body of JANSEVA and includes special general meeting;

h) “Chief Executive” means Chief Executive Officer/Managing Director by whatever name he may be called, of JANSEVA as described in Sec. 51 of the Act.

i) “Person” means an adult individual proprietary concern partnership firm duly registered under the Indian Partnership Act. 1932, company, or any other body corporate constituted under the law for the time being in force, society registered under the Societies Registration Act. of 1860. State Government and Public Trust registered under any law for the time being in force for registration of such trusts subject to amendment in the Act.

j) “Society” unless and until specified, means “Janaeva Women’s Multistate Cooperative Society Ltd.,” [herein after called as JANSEVA]

k) “Officer” means a President, Vice-President, Chairperson, Vice-Chair-Person, Managing Director, Secretary, Manager, Administrative Officer, Members of the Board, Treasurer, Liquidator, an administrator appointed under Sec.123 and includes any other person empowered under Multi State Cooperative Societies Act. or the rules or the Bye-laws to give direction in regard to business of the society.

l) “Member” means a person joining in the application for the registration of JANSEVA and includes a person admitted to the membership after its registration in accordance with the provisions of Section 25 of the Act. Rules and the Bye-laws of JANSEVA.

m) “Nominal Member” means, a person who has been admitted as a nominal member or associate member under the bye-law of JANSEVA.

n) “Multi State Cooperative Society” means a Cooperative Society registered or deemed to be registered under the Act. and includes a National Cooperative Society and a Federal Cooperative.

o) “National Cooperative Society” means a Multi-State Cooperative Society specified in the second schedule of the Act.

p) “Cooperative Society” means a cooperative society registered or deemed to be registered under any law relating to cooperative societies for the time being in-force in any State or Union Territory;

q) “Federal Cooperative” means a federation of cooperative societies registered under any State Cooperative Act. or the MSCS Act and whose membership is available only to a cooperative society or a multi-state cooperative society;

r) A “Cooperative Bank” means a multi state cooperative society which undertakes banking business;

s) “Defaulter” Means a member who has defaulted in payment of any kind of dues payable to the society for two consecutive years;

t) “Cooperative Year” mean the period 1st of April to 31st March of the corresponding year;

u) “Area of Operation” means the area from which the persons can be admitted as members of the society.

v) “Cooperative Principles” means the cooperative principles as specified in the first schedule of the Act.

4. Objects and Functions:
Section 5 of the Act.
i) Object:
(i) to provide credit facilities to its members on convenient and easy terms as practicable;

(ii) to encourage thrift and saving amongst its members by offering suitable facilities;

(iii) to undertake measures to impart knowledge of cooperative and principles and practices to its members;

(iv) to make arrangements for the storage and marketing of agricultural produce of its members through a Cooperative Marketing Society or otherwise.

(v) to arrange and run common village services, such as construction of home apartments, Godowns Roads, tanks.

(vi) to undertake welfare activities particularly for the members and employees for the promotion of their moral, educational and physical improvements.

(vii) to do all such things as are incidental or conductive to the attainment of any or all of the above objects;

1. The principal object of JANSEVA will be to promote the diversified and Sustainable agriculture and interests of all its members and the general public and to attain their social, economic betterment through self help and mutual aid in accordance with the cooperative principals.

2. To construct house, any other social activity center for benefit of members.

3. To organize and promote Aforestation on waste lands, Govt. land, Panchayat Land and any other suitable land on the tune of integrated farming system for the benefit of members and organizing supply of agri-inputs including processing marketing and other value addition activities for the produce of the members.

4. To fill the tende5rs of Govt. of Road construction, ponds construction, bridge construction, canal construction.

5. To promote Horticultural, Floricultural, Conventional & Non-Conventional agricultural crops, Social forestry & herbal crops & other ancillary activates in the area.

6. To introduce & to develop infrastructure for fruit crops, Herbal crops in the area and technological upgradation of existing horticultural, floricultural, Herbal and other crops for economic betterment of members.

7. To develop and improve water management in the area of operation with a view to harness scare resource to economical levels and to develop, maintain irrigation systems.

8. To augment use of bio-fertilizers, Vermi compost and to set up plants for manufacture of such inputs and to recycle the local wastes.

9. To promote the use of cow down & cow urine for the purpose of bio fertilizers & bio pesticide.

10. To develop infrastructure for scientific grading, packing, transportation and storage of all type of farm produce in the area of operation.

11. To install and operate grading, packing, processing and storage units for horticultural, floricultural, Herbal and other farm produce.

12. To educate members producers for better yield, by holding seminars, study, tours in country & abroad, conferences, training courses, publication of literature, producing films and by organizing of research & development programme.

13. To develop export facilities for export of horticultural, floricultural, Herbal and other farm produce of the area and import technology, vital inputs, seeds, machinery etc. which may be helpful to improve quantity & quality of yields.

14. To arrange supplies of inputs, machinery & equipments for development of horticultural, Floricultural, Herbal and other farm production in the area.

15. To open branches, depots, show rooms, sales counters of the Co-operative as may be necessary to further the aforesaid objectives for the marketing of all types of produce in the local & International market.

16. To acquire, purchase, mortgage, take on lease, on hire land, waste land, buildings, fixtures plants, farm machinery, equipments and vehicles and, to sell, give on lease, on hire them for the business of JANSEVA as well as to promote better utilization of resource.

17. To enter into contracts and collaboration for purchase, production, manufacture and marketing of raw materials, auxiliary products, packing materials, finished products, bye products and other waste products and also enter into joint marketing and product exchange arrangements with other co-operatives or any other agency National & International (dealing in import & export)

18. To provide short, medium & long terms credit to members for production & development of horticultural, floricultural, forestry, herbals, agri. crops & other purposes and also provide funds to improve quality and quantity of production with use of high tech system by deposit, Loans from all state/National Co-opt. financial institutions/banks and other financial institutions including banks & persons.

19. To enter into tripartite agreements with all state/national co-op. financing institutions/banks and other financial institutions including banks & persons financing along with members of the society to borrow funds for members and the society & to provide necessary securities, if required by all above co-op & other financial institutions/banks, persons.

20. To provide funds to the members for leveling of land and to improve the waste land for conventional and non-conventional Agricultural Crops.

21. To participate & provide funds for development of diversified agriculture, aquaculture practices according the State & National Government.

22. To participate in all activities declared by the state or the Government of India for improvement & betterment of Agricultural activities and Agriculturists.

23. To develop Tissue Culture System.

24. To establish green houses to protect certain Herbal Trees/Plants which are sensitive and to keep in certain special Temperature.

25. To establish Agro product training Centre where the farmers and new generation will be educated with latest technology of farming with latest machinery and equipments and to start certificate & key officers courses.

26. To establish Agriclinics & Agri Business Centres.

27. To introduce the drip & line irrigation and safe storage system of water in fields.

28. To market and take contract for installation of irrigation system and contract work for cultivation and to give consultancy.

29. To promote cow keeping plonghing by Bullocks and use of Bullocks Driven Agricultural Implements.

30. To adopt, develop economical systems of agriculture with help of livestock useful in small farming system and for this establish livestock farms.

31. To run training centres, hostels, rehabilitation center(s), agriclinic and agri business centers, allied colleges, or other establishments for related activities.

32. To establish, manage, continue, administer, maintain and conduct and related activities to convert Urban Waste into organic fertilizer.

33. To open satellite centers or branches in various states for providing information to members & other public at large.

34. To pay for any business, property or rights acquired or agreed to be acquired by the society and to remunerate any person or company and generally to specify any obligation of the Society by cash payment or by the issue, allotment or transfer of shares of the Society credited as fully or partly paid up or debenture or other securities of JANSEVA.

35. To sell, lease, mortgage or otherwise dispose of the property, assets, or undertaking of JANSEVA or any part thereof for such consideration and upon such terms and conditions as JANSEVA may think fit.

36. To improve, manage, develop, grant or acquire rights or privileges in respect of or otherwise deal with or any part of the property and rights of JANSEVA.

37. To organize, manufacture and to do marketing of implements, tools, machinery equipments and plants.

38. To establish, provide, maintain and conduct research laboratories and experiments and tests of all kinds and to promote studies and researches and inventions of any kind that may be considered likely to assist Sustainable agricultural activities of JANSEVA or improve the well being of JANSEVA.

39. To run conventional and modern pesticides plants, organic Manure Plant and arrange for the appointment of necessary staff and to make the provision of funds for this purpose, as decided by the Board from time to time.

40. To invest and deal with the moneys of JANSEVA, not immediately required in any manner and in particular to accumulate funds or to acquire or take by subscription or purchase or to hold shares or stocks or the security of any Company, Association, Undertaking or a Cooperative Society.

41. To invest or deposit moneys and to accept deposits Donations or grants or raise loans for the attainment of objects of JANSEVA.

42. To receive money as a deposit or loan. To raise money in such manner as the society shall think fit. To raise money by issue of debentures. To protect the property of the society (Present & Future) including collected share capital, by way of creating mortgage, keeping lien or charge. To obtain guarantee(s) as and when required.

43. To acquire real estate in rural and urban areas and also promote Cooperative Housing for its employees and members.

44. To run various schemes for the betterment of agriculture and environment under Programmes or schemes of State Govt., Central Govt., NABARD, I.A.R.I., S.F.A.C., A.P.E.D.A., N.C.D.C. etc.

45. To draw, make, accept, endorse, discount, execute, and issue promissory notes, bills of exchange, bills of laiding, warrants, debentures, and other negotiable or transferable instrument for the business & purposes of JANSEVA.

46. To pay, out of the funds of JANSEVA, ALL expenses which JANSEVA may lawfully pay with respect to the formation and registration of JANSEVA or the issue of its capital.

47. To appoint, officers, employees and consultants or to hire any person or outsource any agency to carry out any activities of JANSEVA.

48. To apply for, promote and obtain privileges, concessions, licenes or authorization of any Government, (Central or State), Municipality for enabling to carry any of its objects into effect or for extending any of the powers of JANSEVA for effecting any other purpose which may seen calculated directly or indirectly to promote the interest of JANSEVA.

49. To frame rules such as staff services rules, TA & DA rules, election rules etc.

50. To do, execute and perform all acts, deeds, matters and things necessary or expedient for attainment of the objects of JANSEVA.

51. To encourage self-help, thrift and mutual aid amongst its members.

52. To maintain transport units of its own or in collaboration with any other organization in India or abroad for the purpose and business of JANSEVA for movement by way of land, sea and air etc.

53. To carry on an agency business of every kind and description including crop insurance, connected with the business of JANSEVA.

54. To undertake research and such other activities as are incidental and conducive to the development of agriculture and environment as well as JANSEVA.

55. To act as a warehousing agent under the warehouse act & rent or own godowns, cold storage and other premises.

56. To make aware and provide existing and latest technological development of sustainable agriculture practices and management.

57. To avoid middlemen and distress sale.

58. Development of AC/ABC centers as a place of storage and market hub for farm produce and value addition etc.

59. To provide production strategies, consultancy and management technology based on the geographical and climatic conditions of the regions as per domestic and world market.
60. To undertake all such activities which are supplementary and conductive to the attainment of all any of the above said objects. ‘

5. MEMBERSHIP

(a) (i) National Cooperative Federations;
(ii) Any Multi-state Cooperative Society;
(iii) State Level Cooperative Federations;
(iv) District, regional or Primary Cooperative Societies;
(v) Individual Members;
(vi) Public or other Financing Institutions to the extent required or requested by the Board/General Body;

(vii) National Cooperative Development Corporation;
(viii) Govt. of India, to the extent that the Board or General Body require and request;

(ix) Any State Govt., to the extent that the Board or General Body require and request;

(x) Any Corporation owned or controlled by the Government;
(xi) Any Govt. company as defined in section 617 the Companies Act. 1956;
(xii) Such class or classes of persons, association of persons or company having regard to the nature and activities of the society and permitted by the central Registrar.

(b) Provided that the above category or class of member shall have to subscribe to minimum number of shares as may be prescribed as per bye-law 16(a) or may be prescribed by the Board of Directors.

(c) Nominal or Associate Member

Section 21 of Act.
Society may, in the interest of promoting its business, admit a person as nominal member or associate member or sympathizer member on payment of fee of Rs.100/-.

Provided that such member will not be entitled to subscribe to the share capital of the society and will not be allowed to have any interest in the management of the society including right to vote, contest election as director of the Board or participate in the general body meetings.

6. Application:
Rule 11(1) & Rule 11(c)
(i) The application for membership shall be submitted by the applicant to the Chief Executive in the prescribed form alongwith full value of the shares as per bye-law 16 or as may be prescribed and remitted with an admission fee of Rs.50/-

Provided further that the Board may accept the membership of Govt., NCDC etc., without admission fee.

Disposal:

Rule 1(b) Sec. 25(4)
(ii) The applications for membership found complete in all respects shall be disposed off within the period of four months from the date

7. Disqualifications of membership
Section 29 of Act.
No person shall be eligible for being or continuing as a member of JANSEVA if:-
a) His/Her business is in conflict or competitive with the business of JANSEVA, or
b) He/She did not attend the three consecutive general meetings and such absence was not condoned by the members attending the meeting; or

c) He/She has defaulted in payment of all dues including contributions, subscriptions, if any, as decided by the Board of the society from time to time.

d) He/She has deceived the society by making false statements.
e) He/She is adjudged insolvent.
f) He/She is convicted for criminal offence or act of moral turpitude.
g) He/She has knowingly done acts detrimental to the interests of the society.
h) It shall be the duty of each member to work for and further the interests of JANSEVA and its members; and in no way directly or indirectly act against the interests of JANSEVA. If a member and/or its representative does any act prejudicial to the interest of JANSEVA to expel such member provided, however, such member has been given a reasonable opportunity of being heard.

8. Cessation of membership:


The membership of the society may cease in case of:-

(i) resignation or death of the member;

(ii) cancellation of registration of the member society;

(iii) All the shares are transferred to another person/society;

(iv) expelled by the general body;

(v) incurring any of the disqualifications of membership under the Act. Rules & Bye-laws.

9. Withdrawal from membership/resignation of membership
Any member of JANSEVA may resign from membership of the society and withdraw his shares only after-two years of being admitting as a member by giving at least a three month notice and duly approved by the Board of Directors.

10. Termination of membership:

Section 30 of Act.
Membership of the society may be terminated by a resolution of the general body passed by 2/3rd majority present and voting if:

(i) Any member has defaulted in payment of dues as per bye-laws of JANSEVA for a continuous period of two years;

(ii) Any activity of a member is found to be conflicting or competitive or in deception with the interest or activities of JANSEVA.

(iii) Any acts of a member are found to be detrimental to the interest of JANSEVA.

(iv) Provided that the concerned member shall not be expelled unless he has been given an opportunity of making representation in the matter.


11. Rights of member:

Section 31 of Act.
Every member of the society shall have the following rights:-
a) To cast one vote in the general body meeting and no member shall be permitted to vote by proxy;

Provided, that a Multi-State Co-operative Society or a co-operative society or any other institution which is a member of JANSEVA may appoint its representative by a resolution passed by its Board to vote on its behalf in the affairs of JANSEVA.

b) Right to receive notice of general body meetings as per bye-laws;

c) Right to attend and take active part in the proceedings of the General Meeting/Special General Meeting;

d) Take part in election and contest for any post as per provision of the Act. Rules and bye-laws of JANSEVA.

e) Right to inspect member registers, books of accounts or any other record and obtain certified copies of the resolutions or documents on a payment of fee as may be prescribed by the Board from time to time.

f) No right of membership shall be exercisable until a person has subscribed to the full share capital of JANSEVA as may be prescribed or other due payment is paid;

12. Liability:
Section 16 of Act.
a) Liability of the members shall be limited to the share capital subscribed by them.

b) Liability of every member would continue for a period of two years from the date of ceasing to be member.

13. Transfer of Shares
Section 36 of the Act.
(i) A member may, with the approval of the Board of Directors, transfer it shares to another member. On death of the member, the share standing in the name of deceased member, shall be transferred in the name of his nominee or legal heir, who is eligible to become member of the society or pay to such nominee, heir or legal representative as the case may be a sum representing the value of such member’s shares or interest as ascertained in accordance with the rules & bye-laws.

(ii) A transfer fee of Rs. Ten per share shall be payable to the society for each such transfer.

14. Conversion of Shares:
(i) The Board may, on application approve conversion of shares allotted to it or a part thereof into those of other denominations subject to such conditions as the Board may decide to impose;

(ii) Consolidate all or some of the partly paid shares already allotted to member.

15. Authorised Share Capital:
The authorised share capital of JANSEVA shall be Rs. One Crore which shall comprise of one lac shares of the face value of Rs.100/- each.

The society may at its discretion increase the Authorised Share Capital as may be deemed expedient by resolution of General Body subject to the approval of the Central Registrar.

16. SUBSCRIPTION OF SHARE CAPITAL
(a) A person desirous to be member shall subscribe to minimum number of shares in the following manner:

i. 5000 shares of the face value of Rs.100/- each by members included bye-law 5(a)(i).

ii. 100 shares of the face value of Rs.100/- each by members included bye-law 5(a)(ii).

iii. 500 shares of the face value of Rs.100/- each by members included as per bye-law 5(a)(iii)

iv. 10 shares of the face value of Rs.100/- each by members included under bye-law 5(a)(iv).

v. 5 shares of the face value of Rs.100/- each by members included under bye-law 5(a)(v).

vi. 5000 shares of the face value of Rs.100/- each by members included under bye-law 5(a)(vi) to 5(a)(xii)

(b) At least twenty five percent of the value of the shares, required to be subscribed by the applicant, shall be paid along with and the admission fee shall be remitted with the application.

(c) (i) The Board may, from time to time, make such call or calls, as it may deem fit, in respect of the amounts remaining unpaid on the shares held by the members. Every member shall pay such call money within the period mentioned in the call notice;

(ii) If a member fails to pay the amount within the period specified in the call notice, JANSEVA shall issue another notice informing the member that in the event of non-payment of call money within 30 days of the notice, the shares, in respect of which such notice is issued, will be liable to be forfeited to JANSEVA.

(iii) If a member does not pay the call amount even within the time specified in the second notice aforesaid, the Board of Directors may, by a resolution, order the forfeiture of the shares in respect of which the notice was issued;

(iv) Every forfeited share be the property of JANSEVA and may at any time, be sold or allotted or otherwise disposed of in such manner as the Board may think fit. Provided, however, that at any time before the disposal of the shares, the Board may cancel such forfeiture on such terms and conditions as it may think fit.

(d) Every person admitted as member shall be entitled to receive a share certificate, gratis stating the number of share/s and their distinctive number/s. The share certificates shall be signed jointly by the Chairman/ Vice-Chairman, One Director duly authorized and the Chief Executive Officer. The share certificate shall bear the Society’s seal.

(e) JANSEVA shall have the first and paramount lien or charge upon all the shares and deposits of any member or past member for all moneys due from him from time to time. The society may at any time set off any sum credited by or payable to the member or past member towards payment of any liability of such member as past member.

(f) JANSEVA may retire the shares held by non-cooperative members like Govt. of India, State Governments and the Public Financing Institutions to the extent that the cooperative members subscribe to the equity of JANSEVA in order to facilitate greater participation and representation of cooperative members in JANSEVA.

17. Transfer of Shares and Issue of Duplicate Shares

i) On death of the member, the shares of the deceased member shall be transferred in the name of nominee or legal heir, on submission of application along with proof of death of member and on approval of the Board.

ii) If any certificate be worn out, defaced, destroyed or lost, a new share certificate’s may be issued in lieu thereof, on payment of a fee of Rs.10/- per share. It shall, however, be necessary to produce evidence to the satisfaction of the Board of Directors that the share certificate were worn out, defaced, destroyed or lost, or in absence of such evidence, on such indemnity as the Board of Directors may deem sufficient.

iii) Manner of allotment, transfer, redemption and/or repatriation shall be at face value and as per the provisions of the Act.

18. Nomination

(i) A member may nominate a person to receive the member’s interest in the society after his death. Nomination shall be made in the prescribed form and entered in the special register kept at the society’s registered office. Prior approval of the Board shall be necessary if the person to be nominated is an employee of the society.

(ii) On death of a shareholder, JANSEVA may pay to the person or persons nominated a sum representing the value of the shareholder’s interest in the society within six months from the date of receipt of application for refund of share amount by nominee. In the absence of nomination, the society may pay to such person or persons as may appear to the Board of Directors to be entitled to receive the same as heir or legal representative of the deceased shareholder on his or their executing an appropriate deed of indemnity in favour of INDCOOP. The value of shares shall be paid, if the nominee or legal heirs do not want to get transfer of the share in their name.

19. Capital and Funds
Section 67 of Act.
INDCOOP may receive funds from any or all the following sources:

(i) admission fee;
(ii) share capital;
(iii) loans and deposits;
(iv) grants-in-aids;
(v) donations;
(vi) contributions;
(vii) subscriptions;
(viii) profit/income over expenditure
(ix) Debenture, Bonds and Commercial papers

20. MAXIMUM BORROWING LIMIT

Section 67 of Act.
INDCOOP shall be eligible to receive deposits and loans from members and others, upto Ten times of its paid up share capital plus accumulated reserves & other plus accumulated profits minus any accumulated losses.

21. GENERAL BODY:

Section 38 of Act.
The General Body of the society shall include
i) All individual members

ii) All delegates/nominees of members admitted under bye-law 5(a)(i) to (iv) & 5(a) (vi) to (xii)

iii) All delegates/nominees shall continue to be the members of the General Body for a period of five years or till their successors are elected/nominated.

iv) The General Body Meetings shall normally be convened at the principal place of the society or at such a place as deemed fit and proper by the Board.

22. Annual General Meeting:
Section 39 of Act.
The board of JANSEVA shall, within six months after the close of the corresponding year, call the Annual General Meeting for the purpose of:

a. Election or removal of the members of the Board of Directors; when due;

b. Amendment or repeal of any existing Bye-laws or the enactment of any new Bye-laws in accordance with the procedure prescribed in the Act and the Rules made there under;

c. Consideration and adoption of Annual Report and Statement of Accounts of last year, Review of Activities of current year and approval of Programme of Activities of ensuring year presented by the Board of Directors;

d. Consideration of Audit Report; Appointment of Auditors from the panel of Auditors as prepared by the Board of Directors/Central Registrar, to fix remuneration of Auditors subject to the provisions of the Act;

e. Expulsion of members;

f. Distribution of net profits;

g. Creation of specific reserves and other funds;

h. Approval of Annual Budget;

i. Review of actual utilization of reserve and other funds;

j. Review the list of employees who are relatives of members of the Board or of the Chief Executive;

k. Formulation of code of conduct for the members of the Board and officers;

l. Consideration of Audit Compliance Report;

m. Review of Operational deficit, if any;

n. Any other matter laid before it by the Board of Directors.

23. Amendment to Bye-laws

Section 11(2) of Act.
The amendment of bye-laws shall only be passed by a resolution of the meeting of the general body in which a quorum is present by a vote of not less than two third of the members present and not less than15 clear days’ notice for the considering of such amendment has been previously given, subject to approval of Board.

24. Special General Meeting:

Section 40 of Act.
i) The Chief Executive may, at any time, on the direction of the board, call a special general meeting of the society and shall call such meeting within one month after the receipt of a requisition in writing from the Central Registrar or from 2/5 members of INDCOOP.

ii) If a special general meeting of JANSEVA is not called in accordance with the requisition referred to in sub-section (1) of section 40 of MSCS Act. 2002, the Central Registrar or any person authorised by him on this behalf shall have the power to call such meeting shall be deemed to be meeting called by the Chief Executive in accordance with the provisions of that sub-section and the Central Registrar may order that the expenditure incurred in calling such meeting shall be paid out off the funds of the society or by such person or persons who, in the opinion of the Central Registrar, was or were responsible for the refusal or failure to convene the special general meeting.

25. Notice for the Annual General Meetings and Special General Meetings:
Rule 15 of the MSCS Rules, 2002
a) Annual General Meeting of the society may be called by giving not less than 14 days notice in writing to all the members.
Rule 15 of the MSCS Rules, 2002
b) Special General Meeting may be called by giving not less than 10 days notice in writing to all the members.
Rule 15 of the MSCS Rules, 2002
c) The notice of annual general meeting shall be accompanied by a copy each of the audited balance-sheet, income and expenditure account, together with the auditor’s report thereon relating to the preceding year and the report of the board, amendment of bye-laws, if any. The notice of the Annual General Meeting shall be sent to the members to the registered address by post Under Postal Certificate or by hand delivery.

26. Quorum of the meeting:

Rule 16 of the MSCS Rules, 2002
(i) The quorum of the general meeting shall be one fifth of the total number of members or 50 members whichever is less shall constitute quorum.

(ii) No business shall be transacted at any general meeting unless there is a quorum at the time when the business of the meeting is due to commence;

(iii) If quorum is not present at the time appointed for the meeting; the meeting shall stand adjourned and it would be held after a hour at which quorum will not be required.

(iv) If at any time during the meeting, sufficient number of members are not present to form the quorum, the Chairman or the member presiding over the meeting on his own, or on his attention being drawn to this fact, shall adjourn the meeting and the business that remains to be transacted at this meeting, if any, shall be disposed off in the usual manner at the adjourned meeting;

(v) Where a meeting is adjourned under sub-clause (iii) or (iv) the adjourned meeting shall be held either on the same day or on such date, time and place as may be decided by the Chairman or the member presiding over the meeting;

(vi) No business shall be transacted at any adjourned meeting other than the business on the agenda of the adjourned meeting;

(vii) The adjourned meeting will transacted its regular business even without the quorum being present at the meeting.

27. Board of Directors:

The Board of Directors of JANSEVA shall not exceed 21, excluding co-opted Directors, in the following manner;

(i) One nominee of each of members, under bye-law 5(a)(i), subject to a maximum of one, in such event members shall be elected from among them;

(ii) One nominee each of members under bye-law 5(a)(ii), subject to a maximum of one, in such event members shall be elected from among them;

(iii) One nominee each from members under bye-law 5(a)(iii), subject to a maximum of one, in such event members shall be elected from among them;

(iv) One nominee to be elected from members under bye-law 5(a)(iv);

(v) ten members to be elected from among members under bye-law 5(a)(v). at least two from each state from area of operation.

(vi) Seven members to be elected/nominated from among members under bye-law 5(a)(vi) to 5(a)(xii), provided not more than one from each category.

(vii) The Board may co-opt two experts in the field of Agriculture & Environment Management, Finance, Cooperation, Administration, Technical or such other professional who may strengthen JANSEVA professionally;

(viii) The Chief Executive shall be ex-officio member of the Board;

(ix) The Financing Agency or Agencies, if any, providing long term credit to the society shall also be eligible to nominate one Director if there is a condition to that effect in the credit agreement. In such event provision shall be made by the Board from the categories under bye-law 27(vi) and election shall be conducted accordingly. Provided that such a vacancy/adjustment shall not be made from among the category of member under bye-law 5(a)(vi) to(a)(ix), if member.

28. Meetings of the Board of Directors:

Section 50 of Act.
(i) The Board of Directors shall meet at least once, in a quarter.

(ii) The meetings of the Board of Directors shall normally be held at the registered office of the society. In exceptional cases, the meetings of the Board may be held at any other place as decided by the Board.

(iii) No member of the Board shall be present at a meeting when any matter, in which he is personally interested, is being discussed, nor shall he vote thereupon.

(iv) The meetings of the Board of Directors shall be presided over by the Chairman or in his absence by the Vice-Chairman and in the absence of both Chairman &Vice-Chairman, the Directors present in the Meeting shall elect a Chairman for the said meeting from among themselves;

(v) 14 days notice shall ordinarily be necessary for the meeting of the Board of Directors;

(vi) The quorum for the meeting of the Board of Directors shall be 1/3rd of its total strength.

(vii) The notice of the Board Meeting shall be served by Chief Executive Officer at the of the Chairman.

29. Term of the Board of Directors:
Section 45(5) of Act.
(i) The term of the office of the elected Member of the Board of Directors shall be 5 years from the date of election.

(ii) The term of office of the members of the Board, who are nominees of the Government or institutions or federations shall be as indicated from time to time by the Government or the concerned Institutions. However, their term will be co-terminus with the term of the elected Director/Board; and the Government/concerned institutions shall make fresh nominations for the new Board;

(iii) The elected members of the Board shall be eligible for re-election.

(iv) No director shall be remunerated except for services rendered in the capacity as professionals, provided that the provision for payment of honorarium or remuneration, as per rules framed in this behalf by INDCOOP as approved by the Board of Directors from time to time, to both members and non members for their professional services rendered to INDCOOP may be made and discharged.

30. Powers & Functions of the Board of Directors:

Section 49 Act.
(i) To admit members;

(ii) To elect Chairman and Vice-Chairman of the society.

(iii) To authorize covering the Meetings of the General Body.

(iv) To interpret the organizational objectives and set-up specific goals to be achieved towards these objectives;

(v) To make periodic appraisal of objectives;

(vi) To appoint, suspend or remove the Chief Executive and such other employee of JANSEVA.

(vii) To make provisions for regulating the appointments of employees of INDCOOP and the scales of pay, allowances and other conditions of services, including explanatory action against such employees;

(viii) To borrow loans and accept deposits as required for smooth working of JANSEVA, on the terms and conditions deem fit by the Board.

(ix) To place the annual report, annual financial statements annual plan and budget for the approval of the general body;

(x) To consider audit and compliance report and place the same before the general body;

(xi) To acquire or dispose off immovable property;

(xii) To review the membership in other cooperatives;

(xiii) To approve annual and supplementary budget;

(xiv) To recommend the distribution of profits or dividend to General Body;

(xv) To raise funds;

(xvi) To purchase equipments, machinery and any type of fixed assets to fulfill objects of JANSEVA.

(xvii) To make agreement with third party in relation to business of JANSEVA.

(xviii) To sue or take any action in the interest of JANSEVA and to delegate powers for this act on behalf of JANSEVA.

(xix) To fill any mind-term vacancy/vacancies in the Board by co-option/ election.

(xx) To approve the panel of auditors for placing in the General Body;

(xxi) To appoint such Committee, Sub-Committees or Executive Committee as may be necessary and delegate to them such powers as may be appropriate;

(xxii) To frame regulations for the election of delegates to the General Body, Members to the Board of Directors and for the conduct of Meetings of the General Body and the Board of Directors as per the provisions of the Act.

(xxiii) To take such other measures or to do such other acts as may be prescribed or required under the Act or the bye-laws or as may be delegated by the general body.

(xxiv) To sale or mortgage or bifurcation or create any type of change in any property of JANSEVA for the acts of INDCOOP.

(xxv) To do all types of acts to fulfill the objects of JANSEVA.

(xxvi) To approve the staffing pattern for running smooth activities of JANSEVA.

(xxvii) To appoint the salaried employees for JANSEVA. and take disciplinary action against them and to accept the resignation of employees;

(xxviii) To approve staff service rules & TA & DA rules;

(xxix) To approve financial results & statements of JANSEVA..

(xxx) Any other functions as per Act & Rules, including Election Rules.

31. Committees:


Section 53 of Act.
The Board of Directors shall constitute an Executive Committee and other committee or sub-committees as may be considered necessary.

(i) Executive Committee
a) The entire Administration of JANSEVA. shall vest in the Board and subject to the control and delegation from the Board an Executive Committee consisting of not more than 5 (five) Members including Chairman.

b) The Chief Executive Officer shall be ex-officio member of the Executive Committee.

c) The members of the Executive Committee shall hold office for the full term for which they are members of the Board or until their successors are appointed by the Board. In the case of any interim vacancy occurring among the elected members of the Executive Committee, it shall be filled by the Board for the remaining portion of the term from among the members of the Board qualified to serve on the Executive Committee under these bye-laws.

d) No decision of the Executive Committee shall be valid unless it is assented to by a majority of the members present at the meeting members shall form a quorum at the Executive Committee Meeting. In case of equal votes, the Chairman will have right of additional casting vote.

(ii) Other Sub-Committees
Section 53 of Act.
a) The Board shall have power to appoint Sub-Committees, determine their numbers and to specify their functions.

b) Provided that other committee or sub-committee, other than the Executive Committee shall not exceed three.

32. Disqualification for being a member of the Board
No member of JANSEVA. shall be eligible for being elected, nominated or co-opted or continued as a member on the Board of Directors if he/she

(i) is if a person against whom any amount is due under a decree, decision or order is pending recovery under this Act;

(ii) is retained or employed as a legal practitioner on behalf of or against the society, or on behalf or against any other society which is a member of JANSEVA..

(iii) has been convicted for any offence under the Act and any other Acts;

(iv) is disqualified for being a member under Section 29 of the Act;

(v) has been expelled as a member under section 30 of the Act;

(vi) absents himself from three consecutive Board meetings and such absence has not been condoned by the Board.

(vii) Absents himself from three consecutive general body meetings and such absence has not been condoned by the members in the general body.

33. Election of members of Board


(i) The conduct of elections and frame election Rules of the Board of the society shall be the responsibility of the existing Board. The election of the members of the Board shall be conducted by Secret Ballot in the manner, as specified in the “Schedule” attached to the Multi-State Cooperative Societies Rules 2002.

(ii) The election of members of Board shall be held by secret ballot in the manner as may be prescribed in the election rules.

(iii) The term of office of the elected members of the Board, shall be five years from the date of elections. The elected members shall continue to hold office till their successors are elected or nominated under the provision of MSCS Act or the Rules.

(iv) Where the Board fails to conduct election of the members of Board, the Central registrar shall hold the election within a period of ninety days from the date when such election became due.

(v) No person shall be eligible to be elected as a member of the Board of the society unless he/she is a member of the general body of JANSEVA..

(vi) The expenses for holding election by the Central Registrar shall be borne by JANSEVA..

34. Chairman and Vice-Chairman


There shall be a Chairman and Vice-Chairman of JANSEVA, who shall be elected by the Board of Directors from among themselves. The Chairman and in his absence, the Vice-Chairman shall preside over the Meeting of the Board of Directors. The terms of office of the Chairman and Vice-Chairman shall be for 5 years and shall be co-terminus with the term of the elected Members of the Board unless Chairman and Vice-Chairman ceases to be a Director earlier. In case of any vacancy within this period, the Board shall fill up the vacancy through co-opting/re-election for the unexpired term of the Board.

35. Powers and functions of the Chairman


The Chairman shall have the following powers and functions:

(i) he shall preside over the meeting of the Board of Directors and executive committee and other sub-committees;

(ii) The Chairperson shall sign the proceedings of all the meetings presided over by him;

(iii) In the event of equality of votes on a resolution, the Chairman shall have an additional casting vote in the meeting;

(iv) To convene the meeting of the Board of Directors, Executive Committee and other committees of which he is the Chairman;

(v) The Chairman may delegate any of his powers and functions to the Vice-Chairman and other Board Member;

(vi) The Chairman may take decisions as of an urgent and emergent nature affecting the policy of the society on behalf of the Board of Directors, Executive Committee or any other committees. The said decision may be taken by way of “Circular Resolution”. The said “Circular Resolution” will be placed before the next meeting of the concerned committee for approval.

(vii) The Chairman shall supervise the day-to-day work of JANSEVA and give instruction to the Chief Executive Officer in implementing the policy decisions of the Board & various committees.

36. Chief Executive Officers


Section 51 of Act.
The Chief Administrative Officer shall be the Chief Executive Officer of the Society and shall be appointed by the Board and shall aid and assist the Board of Directors in its functions. He shall be ex-officio member of all the committees, sub-committees and sub-groups of the Board of Directors as may be constituted.

37. Powers and functions of the Chief Executive


Section 52 of Act.
Subject to overall control and general supervision of the Board of Directors & Chairman, the Chief Executive shall have the following powers, functions and responsibilities;

(i) To assist the Board of Directors in the formulation of policies, objectives and planning;

(ii) To implement the policies and plans duly approved by the General Body or the Board and furnish to the Board of Directors periodical information necessary for appraising the activities and progress of achievement towards implementations of the policies and programmes:

(iii) To summon meetings of various committees including the general body the instructions of the Chairman;

(iv) To maintain proper records of JANSEVA.

(v) To manage the funds of JANSEVA, cause proper accounts to be maintained and audited;

(vi) To attend to all correspondence of JANSEVA.

(vii) To be responsible for collection and safety of the funds;

(viii) To execute the policies/programmes and business of the society and take such action as is necessary to give effect to the resolutions of the general body, Board of Directors or any other committee constituted under bye-laws;

(ix) To sign all deposit receipts of JANSEVA with banks in accordance with the resolution of the Board or executive committee;

(x) To endorse and transfer promissory notes and other securities and to endorse, sign, encash cheque and negotiable instruments on behalf of JANSEVA.

(xi) To be the officer of JANSEVA to sue or to be sued on behalf of INDCOOP and sign all books and arrangements in favour of JANSEVA.

(xii) To appoint such personnel in JANSEVA as may be approved by the Board of Directors;

(xiii) To determine powers, functions and responsibilities of the employees of JANSEVA of all categories approved by the Board of Directors.

(xiv) To maintain a list of members, correct and up-to-date;

(xv) To exercise administrative control in respect of all officers and staff including granting of leave, granting of annual increments and other matters relating to the services conditions of the employees;

(xvi) To delegate powers to other officers of JANSEVA approved by the Board of Director.

(xvii) To sanction contingent expenditure in so far as the amount involved is up to Rs.25,000/-;

(xviii) To sign on behalf of JANSEVA and conduct its correspondence;

(xix) To present the annual report and financial statements for the approval of the Board;

(xx) To record proceedings of the meetings and have them duly signed;

(xxi) To perform all duties entrusted to him and to exercise such other powers as may be delegated to him by the Board of Directors, Chairman and executive committee from time to time.

(xxii) Any other functions as per Act & Rules, under the instructions of the Board.

38. Deposits:

Section 20, 87 & 88 of Act
Deposits may be received at any time within the limits determined under the Multi-state Cooperative Societies Act and Rules and bye-laws, on such rates of interest and subject to such rules and regulations as may be fixed by the Board of Directors and also subject to the directives issued by the Reserve Bank of India in this behalf from time to time.

39. Distribution of Profit
Section 63 of Act.
Subject to the provisions of the Act and Rules framed there under, the net profits shall be distributed by the General Body as follows:

(i) Transfer at least 25% of net profit to the reserve fund;

(ii) Credit 1% of its net profit to the cooperative Education Fund maintained by the National Cooperative Union of India Ltd., New Delhi in the manner as may be prescribed by Central Govt./Central Registrar.

(iii) The remaining amount may be allocated to any or all the purpose detailed below;

(a) dividend on shares subject to a ceiling of a maximum of 20% in a year;

(b) building, education, scholarships, charitable or any other funds;

(iv) The undistributed profits shall be added to the Reserve Fund of JANSEVA. However, an amount of atleast 10% shall be transferred to the Reserve Fund for meeting unforeseen losses;

(v) Payment of ex-gratia to the employees of JANSEVA in accordance with the scheme approved by the Board.

40. Utilisation of Net Profit

Section 63(2) of Act.
The balance of the net profit may be utilized for all or any of the following purposes:-

a) Contribution to its own education fund at the rate of 1% or more and not exceeding 2%. The fund may be utilized for the education and training of members. Directors and employees as approved by the Board of Directors.

b) Donation for the development of the cooperative movement or charitable purpose as defined in section 2 of the Charitable Endowment Act. 1890 not exceeding 5%.

c) Contribution to various funds of society such as Building, Expansion, Development, renovation etc., as recommended by the Board of Directors.

41. Investment of funds
Section 64 of Act.
JANSEVA may invest or deposit its funds :-
a) a cooperative bank;

b) securities specified in section 20 of the Indian Trust Act 1882;

c) Shares and securities of any other cooperative society/subsidiary institutions, company, association or undertaking;

d) Any other bank;

e) JANSEVA may invest or deposit its funds in Public Financing Institutions as defined in Section 4A of Companies Act and/or in such other modes as permitted in accordance with MSCS Act. 2002 and Rules framed there under.

f) Any other mode duly approved by the Board of Directors for the working of the society.

42. Reserve Fund/Other Funds


i) In addition to the sum prescribed under the Multi-State Co-operative Societies Act. all admission fees, entrance fees, nominal membership fees, transfer fees amount for forfeited shares and dividends and donations shall be carried to the Reserve Fund.

ii) Any loss occurring as the net result of the year’s working may with the previous sanction of the General Body, be made good from the Reserve Fund or from the profits of the next ensuing year of years.

iii) The reserve Fund shall be separately invested in government and trust, securities or other approved securities or in fixed deposits with the District Central Co-operative Bank or the State Co-operative Bank, the Nationalized Bank or any other Scheduled Bank.

iv) The amount of Reserve & Other Funds may be utilized for Capital Expenditure of the society, with the approval of general Meetings.

43. Accounts and Records
Accounts and records shall be maintained in forms prescribed under the Act with such additions as the Board of Directors consider necessary. Any member of the society may inspect any of the registers or records during office hours, as they relate to his own business transaction.

44. Audit
The accounts of INDCOOP shall be audited by an auditor appointed from the panel of auditors approved by the central Registrar or from a panel of auditors, prepared by the society, each year and the remuneration of auditors shall be fixed by the Board.

45. Settlement of Disputes


Section 84 of Act & 31 of Rules
All the disputes shall be referred to Arbitrator in accordance with the provisions of the Multi State Cooperative Societies Act and Rules.

46. Limitation


Section 85 of ct
The limitation period in disputes shall be as per the provisions of the Act.

47. Membership of other Society


The society may become member of another cooperative society, federal cooperative or National Cooperative Union of India or a national cooperative society or eligible to become member of any other financial institution or a co-operative bank, if so desired or required by JANSEVA.

48. Miscellaneous


No act of the General Body or the Board of Directors shall be deemed invalid by reason of any defect in the election of a member thereof or by reason of any vacancy therein not having been filed in.

49. Service Rules
Section 49(2)(e) of Act.
(i) The society shall have service rules for regulating the service conditions of its employees as formulated and amended by the Board from time to time.
Section 69 & Rule 26(1) of Act./Rules
(ii) The Society shall maintain a Contributory Fund for the benefit of its employees in accordance with the provisions of Employees Provident Fund and Miscellaneous Provisions Act. 1952.

50. In the event of a conflict between the Bye-laws of JANSEVA and those of the affiliated societies, the Bye-laws of JANSEVA shall prevail and will be the final.

51. Election Rules


It shall be the responsibility of the Board to frame Election Rules which are not inconsistent with the Act & Rules, duly registered by the Central Registrar.





Chief Promoters