MCS Rules 1961-CHAPTER V



PROPERTY AND FUNDS OF SOCIETIES

49.

Writing off of bad debts and losses:-


All loans including interest thereon and recovery charges in respect thereof which are found irrecoverable and are certified as bad debts by the auditor appointed under Section 81 shall first be written off against the Bad Debt Fund and the balance, if any, may be written off against the Reserve Fund and the share capital of the society.



All other dues and accumulated losses or any other loss sustained by the society which cannot be recovered and have been certified as irrecoverable by the auditor may be written off against the Reserve Fund or share capital of the society :


Provided that—

(1)
no bad debts or losses shall be written off without the sanction of the general body;


(2)
Before any such bad debts or losses are so written off, the society, if it is affiliated and indebted to a Central Bank, shall first obtain the approval of that bank in writing and also the approval of the Registrar. If the society is affiliated but not indebted to the Central Bank and in all other cases it shall obtain the approval of the Registrar in writing. If the society itself is a Central Bank, approval of the State Co-operative Bank and the approval of the Registrar shall first be obtained:



Provided that in case of societies classified as A or B at the time of last audit, no such permission need be taken if the bad debts are to be written off against the Bad Debt Fund specially created for the purpose :



Provided further that the Registrar may, while giving the approval, impose such conditions as to the recoupment of the Bad Debt Fund and restoration of part or whole of the amount written off against the Reserve Fund, from out -of future profits as he deems fit.
49A.

Calculation of net profits:-

(1)
A society shall calculate the net profits by deducting the following from the gross profits for the year –


(i)
All interest accrued and accruing oh amounts of overdue loans (excepting overdue amounts of loans against fixed deposit, gold, etc.);


(ii)
interest payable on loans and deposits;


(iii)
establishment charges;


(iii)
audit fees or supervision fees;


(iv)
working expenses including repairs, rent and taxes;


(v)
depreciation;


(vii)
bonus payable to employees under the Payment of Bonus Act, 1965;


(viii)
provision for payment of Income-tax;


(ix)
amount to be paid as contribution to the Education Fund at the State Federal Society which may be notified by the State Government in this behalf;


(x)
amount to be paid for contribution to the Co-operative Cadre Employment Fund;


(xi)
provision for bad and doubtful debts;


(xii)
provision for share capital Redemption Fund;

(xiii)
provision for Investment Fluctuations Fund;


(xiv)
provision for retirement benefits to the employees;


(xv)
provision for any other claims admissible under any other law;


(xvi)
Provision for bad debts and revenue losses not adjusted against any fund created out of profits.


(2)
In addition to the sums referred to in sub-rule (1) of this rule, the following sums shall be deducted by a society from its profits :-


(i)
Contribution, if any. to be made to any sinking fund or guarantee fund, constituted under the provisions of the Act, these rules or by-laws of the society for ensuring due fulfillment of guarantee given by Government in respect of loans raised by the society;


(ii)
Provision considered necessary for depreciation in the value of any Security Bonds or Shares held by the society as part of its investments.


(3)
The net profit thus arrived at together with the amount of profits brought forward from the previous year shall be available for appropriation.
50.

Appropriation of profits:-

(1)
The other purposes for which a society may appropriate its profits shall be education and enlightenment of the members of the society as also any co-operative or charitable purpose including relief to the poor, education, medical relief and advancement of any other general public utility, provided that the expenditure on such items does not exceed 10 per cent of the net profits.


(2)
The net profits calculated in accordance with the provisions of rule shall be appropriated for the creation of —


(a)
Development Fund.


(b)
Dividend Equalization Fund, or


(c)
Any other fund created under by-laws.
51.

Amounts to be deducted by a Society from its profits before arriving at its net profits:-


In addition to the sums referred to in sub-section (1) of Section 65, the following sums shall be deducted by a society from its profits before arriving at its profit for the purposes of sub-section (2) of Section 65 ;


(i)
Contribution, if any, to be made to any sinking fund or guarantee fund constituted under the provision of the Act, these rules or bye-laws of the society for ensuring due fulfillment of guarantee given by Government in respect of loans raised by the society.


(ii)
Provision considered necessary for depreciation in the value of any security, bonds or shares held by the society as part of its investment,


(iii)
Any provision required to be made for the redemption and share capital contributed by Government or by a Federal Society.
52.

Bonus and Dividend Equalization Fund:-

(1)
A society may create out of its net profits a fund to be called the Bonus Equalization Fund for payment of bonus to persons other than its paid employees who are not its members.


(2)
Except otherwise specifically authorised by the Registrar, the fund so created shall be utilised in accordance with the provisions of the bye-laws of the society only for payment of such bonus.


(3)
A society may create the Dividend Equalization Fund and credit to it a sum need exceeding 2 percent of the paid-up share capital in any year, until the total amount in such Fund amounts to 9 percent of the paid-up share capital. The society may draw upon this fund in any year only when it is unable to maintain a uniform rate of dividend it has been paying during the last preceding five years or more.


(4)
No society shall declare a dividend at a rate exceeding that recommended by its committee.
53.

Rates of annual contribution to education fund of State Federal Society: -


The rates at which the classes of societies specified under column (2) of the Table below shall contribute annually under Section 68 towards the education fund of the State Federal Society, which may be notified in this behalf by the State Government, shall be those which are respectively specified against them in column (3) of the said Table-



TABLE

Sr. No.
Class Of Society
Rate Of Contribution Per Year Per Society
1.
Maharashtra State Co-operative Bank
2 paise per Rs. 100 of working capital subject to a maximum of Rs. 5,00,000.

2.
Maharashtra State Co-operative Agricultural and Rural Development Bank.

Rs. 1/10 per cent of working capital subject to a maximum of Rs. 1,00,000.


3.
Maharashtra State Co-operative Marketing Federation.

Rs. 1/10 per cent of working capital subject to a maximum of Rs. 1,50,000

4.
Maharashtra State Co-operative Housing Finance Corporation.

Rs. 1/10 per cent of working capital subject to a maximum of Rs. 1,00,000.

5.
Maharashtra State Co-operative Consumers' Societies Federation.

2 paise per Rs. 100 of working capital subject to a maximum of Rs. 2,00,000.

6.
Maharashtra State Co-operative Sugar Factories Federation.

Rs. 5,000


7.
Maharashtra State Co-operative Fisheries Federation.

Rs. 1,000



8.
Maharashtra State Co-operative Cotton Grower Marketing Federation.

Rs. 1,50,000
9.
Maharashtra State Co-operative Diaries Societies Federation.

Rs. 5,000
10.
Maharashtra Co-operative Spinning Mills Federation.

Rs. 5,000
11.
Maharashtra State Co-operative Power-looms Societies Federation.

Rs. 2,500
12.
Maharashtra State Co-operative Textile Corporation.

Rs. 1,000
13.
Maharashtra State Co-operative Handloom Societies Federation.

Rs. 2,500


14.
Maharashtra State Agricultural Produce Market Committees Federation.

Rs. 1,000
15.
Maharashtra State Co-operative Cotton Growers Processing Societies Federation.

Rs. 2,500
16.
Maharashtra State Co-operative Tribal Development Corporation.

Rs. 1,000
17.
Maharashtra State Co-operative Tribal Development Corporation.

Rs. 1,000
18.
Maharashtra State Co-operative Labour Societies Federation.

Rs. 1,000
19.
Maharashtra State Co-operative Banks Association.

Rs. 5,000
20.
Maharashtra State Co-operative Oil Seed Processing Federation.

Rs. 5,000


21.
Maharashtra State Sugar Industries Development Co- operative Societies.

Rs. 1,000
22.
Maharashtra State Co-operative Engineering Societies.

Rs. 5,000
23.
Maharashtra State Co-operative Jangle Kamgar Federation.

Rs. 1,000
24.
Co-operative Sugar Factories.


20 paise per ton of the last year Sugar Cane crushed, subject to maximum of Rs. 75,000.
25.
District Central Co-operative Banks.
a)
District Central Co-operative Banks of Raigad, Ratnagiri, Sindhudurg, Chandanpur and Gadchiroli Rs. 10,000.


b)
The revitalised District Co-operative Banks in the State Rs. 15,000.


c)
Other District Central Co-operative Banks in the State Rs. 30,000.

26.
Sholapur District Industrial Co- operative Banks.

Rs. 15,000



27.
Urban Co-operative Banks.
(a)
Working capital up to Rs. 5 crores Rs. 5,000.


(b)
Working capital of Rs, 5 crores to Rs. 50 crores of Rs. 10,000,


(c)  
Working capital above Rs. 50 crores Rs. 30,000.

28.
Urban Co-operative Credit Societies.
1/10 per cent of Working Capital, subject to minimum rupees 100 and maximum of Rs. 5.000.
29.
Salary Earners. Factory Workers, Mills Workers. Thrift Fund and Credit Societies.

1/10 per cent of Working Capital, subject to maximum Rs. 1,000.


30.
District Agro Industrial Serva Seva Co-operative Societies and Purchases and Sale Societies having jurisdiction in one or more Districts.

1/10 per cent of Working Capital, subject to maximum of Rs. 20,000.




31.
Primary Marketing Societies
1/10 per cent of Working Capital, subject to maximum of Rs. 2,000.
32.
Whole–sale Co-operative Consumer Stores.
1/10 per cent of Working Capital, subject to maximum of Rs. 20,000.

33.
Primary Co-operative Consumer Stores.
2 paise per Rs. 100 of working capital subject to a maximum of Rs. 2,00,000.

34.
Co-operative Spinning Mills 
a)
Which have not gone in production of Rs. 1,000.


b)
Which have gone in production of Rs. 10,000.

35.
Co-operative Ginning and Pressing Societies 

Rs. 100

36.
Primary Seva Sahakari Sanstha
a)
Rs. 10 in respect of those which have suffered loss during the previous co-operative year.


b)
1/10 percent of the working capital in respect of whose which have earned profit during the previous year subject to maximum of Rs. 1,000.

37.
Milk Co-operative Unions Taluka and District.
a)
Having collection of 3 lacs liters Milk of previous year Rs. 500.


b)
Having collection of 3 to 4 lacs liters Milk of previous year Rs. 1,000.


c)
Having collection of 4 to 5 lacs liters Rs. 1,500.


d)
Above 5 lacs liters Rs. 2,000.

38.
Primary Co-operative Dairy Societies.

Rs. 100
39.
Co-operative Poultry Societies Federation.

Rs. 100
40.
Co-operative Lift Irrigation Societies.

Rs. 100

41.
Agricultural Processing Co-operative Societies.

Rs. 100
42.
Grain Banks.

Rs. 100
43.
Piggery and Live Stock Co-operative Societies (including breeding).

Rs. 100
44.
Sugarcane Co-operative Societies

Rs. 100
45.
Industrial Co-operative Societies

Rs. 100
46.
Labour Contract Co-operative Societies

Rs. 100

47.
Forest Laborers Co-operative Societies

Rs. 100
48.
Agricultural Non-credit Co-operative Societies

Rs. 100
49.
Non Agricultural Non-credit Societies

Rs. 100
50.
Co-operative Farming Societies

Rs. 100
51.
Co-operative Fisheries

Rs. 100
52.
Primary Co-operative Poultry

Rs. 100
53.
Vidarbha Premier Co-operative Housing Society

Rs. 5,000


54.
Co-operative Housing Society
a)
Having jurisdiction Corporation, Nagar Palika and Cantonment Board. ………… Per member Rs. 3. Having jurisdiction of Gram Panchayat.

55.
Vidarbha Co-operative Marketing Society
1/10 of the working Capital, subject to maximum of Rs. 20,000.
56.
Co-operative Distillery Societies
Rs. 5,000.


57.
Mula Pravara Co-operative Electrical Societies Limited Shrirampur District Ahmednagar

Rs. 1,000.
58.
Other Societies
a)
Village and Taluka jurisdiction ……….. Rs. 1.00.


b)
District jurisdiction ……….. Rs. 500.


c)
State jurisdiction ……….. Rs. 1,000.

53A

Rates of annual contribution to Co-operative, State Cadre Employment Fund:-


The rates at which the class or classes of societies or other body corporate specified under column (2) of the Table below shall contribute annually under sub-section (4) of Section 69-A towards the Co-operative State Cadre Employment Fund, which may be notified in this behalf by the state Government, shall be those which are respectively specified against them in column 3 of the said table  


TABLE

Sr. No.
Society, Class Or Classes Of Societies And Other Body Corporate
Rate Of Contribution Per Year Per Society Or Body Corporate
1.
Maharashtra State Co-operative Bank Limited (incorporating the Vidarbha Co-operative Bank Limited), Bombay

Rs. 20 lakhs per year.

2.
The Maharashtra State Co-operative Marketing Federation Limited, Bombay.

At 10 paise per Rs. 100 of the annual turnover of the previous Co-operative year.

3.
The Maharashtra State Co-operative Land Development Bank Limited, Bombay.

Rs. 5 lakhs per year.

4.
All Co-operative Sugar Factories.
At 25 paise per tonne of sugarcane crushed by the Sugar Factory during the previous Co-operative year.

5.
All Sugar Factories other than Co-operative Sugar Factories located in the State of Maharashtra.
At 25 paise per tonne of sugarcane of the members of the Primary Agricultural Credit Societies crushed by the factory during the previous Co-operative year.
6.
All District Central Co-operative Banks excluding Bombay District Central Co-operative Bank Ltd. and Ahmednagar Urban District Central Co-operative Bank Ltd., Ahmednagar having outstanding of Agricultural Credit business of more than Rs.5 crores as at the end of the previous co-operative year.

At 10 paise per Rs. 100 of the outstanding Agricultural Credit business as at the end of the previous co-operative year.
7.
All District Central Co-operative Banks excluding Bombay District Central Co-operative Bank Ltd. Bombay and Ahmednagar Urban District Central Co-operative Bank Ltd., Ahmednagar having outstanding or Agricultural Credit business of Rs.5 crores or less as at the end of the previous co-operative year.

5 paise per Rs. 100 of the outstanding Agricultural Credit business as at the end of the previous co-operative year.
8.
All primary Co-operative Marketing Societies dealing in fertilizers, seeds, agricultural implements and sale of agricultural produce. 
5 paise per Rs. 100 of the annual turnover of the previous co-operative year.


9.
All primary Agricultural Credit Societies, Multipurpose Co-operative Societies and services Co-operative Societies including Farmers Service  Societies and Adivasi Co-operative Societies







(i)
having outstanding agricultural credit business not exceeding Rs. 50,000 as at the end of previous co-operative year.
1.5 percent of the outstanding agricultural credit business as at the end of previous co-operative year.

(ii)
having outstanding agricultural credit business exceeding Rs. 50,000 but not exceeding Rs. 75,000 as at the end of previous co-operative year.
1.75 percent of the outstanding agricultural credit business as at the end of previous co-operative year.

(iii)
having outstanding agricultural credit business exceeding Rs. 75,000 but not exceeding Rs. 3 lakhs as at the end of previous co-operative year.
2 percent of the outstanding agricultural credit business as at the end of previous co-operative year.

(iv)
having outstanding agricultural credit business exceeding Rs. 3 lakhs as at the end of previous co-operative year.
1.25 percent of the actual expenditure on the total emoluments paid to the Secretary during the previous co-operative year or 2 percent of the outstanding of the agricultural credit business as at the end of previous co-operative year, whichever is less.

53B.

Manner of contributions to be made under the Rule 53A:-

(1)
The Apex society which has been notified by the State Government under sub section (3) of Section 69-A shall open an account in the name of the "Co-operative State Cadre Employment Fund" established by it in the Maharashtra State Co-operative Bank Limited, Bombay and also in every District Central Co-operative Bank, excluding the Bombay District Central Co-operative Bank.


(2)
The amount of annual contribution payable under Rule 53-A by the Maharashtra State Co-operative Bank Limited, Bombay, and the Maharashtra State Co-operative Development Bank Limited, Bombay for every Co-operative year shall be paid by them before the 30th day of September of the next following co-operative year by crediting the amount of contribution into the "Co-operative State Cadre Employment Fund" account opened under sub-rule (1) in the Maharashtra State Co-operative Bank Limited, Bombay.


(3)
The auditor of—


(a)
the Maharashtra State Co-operative Marketing Federation Limited, Bombay


(a)
Every District Central Co-operative Bank (other than the Bombay District Central Co-operative Bansk Limited and the Ahmednagar Urban District Central Cooperative Bank Limited. Ahmednagar.


(c)
every co-operative sugar factory, and


(d)
every Primary Co-operative Marketing Society dealing in fertilisers, seeds, agricultural implements or sale of agricultural produce, shall certify the amount of the annual contribution payable by them under Rule 53-A, and send the certificate, in the case of the Maharashtra State Co-operative Marketing Federation, to the State Level Caderisation Committee and in any other case, to the relevant Central Society. The certificate in respect of every co-operative year shall be sent before the 15th day of August of the next following co-operative year.

(4)
The Director of Sugar, Maharashtra State, shall certify the amount of annual contribution payable under Rule 53-A by every sugar factory (other than a co-operative sugar factory) and send the certificate to the relevant Central Society. The certificate in respect of every co-operative year shall be sent before 15th day of August of the next following co-operative year.


(5)
Within fifteen days from the date of receipt of a certificate sent under sub-rule (3) or (4), the State Level Caderisation Committee or, as the case may be, the relevant Central Society, shall serve a notice of demand for payment of the contribution mentioned in the certificate on the Maharashtra State Co-operative Marketing Federation or, as the case may be, a society or a sugar factory (other than a co-operative sugar factory by which it is payable.


(6)
On receipt of the notice of demand under sub-rule (5) the Maharashtra State Co-operative Marketing Federation, every society and every sugar factory (other than a co-operative sugar factory) shall pay the amount of contribution payable by them for any co-operative year before the 30th day of September of the next following co-operative year. Such contribution shall, in the case of the Maharashtra State Co-operative Marketing Federation Limited, Bombay, be paid into the "Co-operative State Cadre Employment Fund" account in the Maharashtra State Co-operative Bank Limited Bombay and in other cases, into the "Co-operative State Cadre Employment Fund" account in the District Central Co-operative Bank in the District in which the society making the contribution operates or the sugar factory (other than co-operative sugar factory) making such contribution is situated.

(7)
Before the 15th day of August next following the end of each co-operative year, every Primary Agricultural Credit Society shall furnish to the relevant Central Society such information as may be necessary for it to assess the amount of contribution payable for that year by the Primary Agricultural Credit Society under Rule 53-A. On receipt of such information, the relevant Central society shall scrutinise it, determine the amount of contribution payable by the Primary Agricultural Credit Society and shall, before the 15th day of September next following the end of the said co-operative year, serve a notice of demand on the Primary Agricultural Credit Society for payment of the amount of contribution to be determined. The relevant Central society shall also, before that date, furnish to the District Central Co-operative Bank of the District in which the Primary Agricultural Credit Societies furnishing the information operate, a statement indicating the name of each Primary Agricultural Credit Society, the rate of annual contribution payable by it under rule 53-A, the amount of contribution determined and the amount of arrears of contribution if any, which has remained to be paid by each Primary Agricultural Credit Society. On the service of a notice of demand, the Primary Agricultural Credit Society shall, before the 31st day of December next following the end of the aforementioned co-operative year, pay the amount of contribution payable by it for that year into the "Co-operative State Cadre Employment Fund" account in the District Central Co-operative Bank in the District in which such society operates.

(8)
Where any society (including the Primary Agricultural Credit Society and the Co-operative Sugar Factory) which has received any loan from any District Central Cooperative Bank or the Maharashtra State Co-operative Bank pays to that Bank any amount towards payment of interest on such loan, or repayment of such loan, or where any such amount is received by the District Central Co-operative Bank or the Maharashtra State Co-operative Bank on behalf of any such society or sugar factory from any other agency, and the District Central Co-operative Bank or the Maharashtra State Co-operative Bank is satisfied after consulting the relevant Central Society that there are any arrears of annual contributions payable by such society or sugar factory as per demand notice served on it, then the District Central Co-operative Bank or the Maharashtra State Co-operative Bank, as the case may be, shall in accordance with the procedure laid down from time to time, by the State Level Caderisation Committee and after obtaining the consent of such society or sugar factory to do so, first credit to the "Co-operative State Cadre Employment Fund", such amount as may be necessary to recover the arrears and adjust the remaining balance, if any, towards payment of interest on such loan or as the case may be, repayment on such loan. Whenever the District Central Co-operative Bank or the Maharashtra State Co-operative Bank so credits any amount to the said Fund, it shall send advice to such credit to the society or as the case may be, Co-operative Sugar Factory and also the relevant Central Society.

(9) 
Notwithstanding anything contained in sub-rules (2), (3). (4), (6) and (7)—


(a)
the certificate to be sent by the auditor under sub-rule (3) and the certificate to be sent by the Director of Sugar, Maharashtra State under sub-rule (4) for the co-operative years 1977-78 and 1978-79 shall be sent by them before the 15th day of September 1979;


(b)
the information to be furnished by the Primary Agricultural Credit Society under sub-rule (7) in respect of the Co-operative years 1977-78 and 1978-79 shall be furnished by it before the 15th September 1979;


(c)
the notice of demand for payment of the amount of contribution payable by any society (including the Primary Agricultural Credit Society) or sugar factory for the co-operative years 1977-78 and 1978-79 shall be served on it before the 30th day of September 1979;


(d)
the amount of contribution payable by any society (including the Primary Agricultural Credit Society) or sugar factory for the Co-operative years 1977-78 and 1978-79 shall be paid by it before the 31st day of October 1979 and the 31st day of December 1979, respectively.

(10)
The relevant Central Society shall maintain books of accounts of the annual contributions due from each society which operates in the area of its operation and each sugar factory situated in that area. The State Level Caderisation Committee shall maintain books of accounts of the annual contributions due from the Maharashtra State Co-operative Bank Limited (incorporating the Vidarbha Co-operative Bank Limited), Bombay the Maharashtra State Co-operative Marketing Federation Limited, Bombay and the Maharashtra State Co-operative Land Development Bank Limited, Bombay. Every such book of accounts shall contain the following particulars, namely—


(i)
the society or the sugar factory from which the annual contribution is due,


(ii)
the amount of annual contribution collected from such society or sugar factory,


(iii)
the balance of arrears of the annual contribution payable by such society or sugar factory or the excess amount paid by it.


(11)
A periodical statement of accounts of the moneys credited into the "Co-operative State Cadre Employment Fund" accounts with each District Central Co-operative Bank shall be sent by that Bank to the relevant Central Society at such intervals as may be determined by the State Level Caderisation Committee. The statement so received shall be forwarded by the relevant Central Society to the State Level Caderisation Committee after due scrutiny.


(12)
Where any society or sugar factory fails to pay the annual contribution as provided in the preceding sub -rules, the State Level Caderisation Committee, in the case of the Maharashtra State Co-operative Bank Limited (incorporating the Vidarbha Co-operative Bank Limited), Bombay the Maharashtra State Co-operative Marketing Federation Limited, Bombay and the Maharashtra State Co-operative Land Development Bank Limited, Bombay and the relevant Central Society in the case of other societies and sugar factories, shall communicate the name of the defaulting society or sugar factory to the Registrar for taking action under sub-section (5) of Section 69-A.


Explanation: — For the purpose of this rule—


(a)
"Central Society" means a society notified by the Government of Maharashtra to be a Central Society under Section 69-A;


(b)
"Relevant Central Society" in relation to any society or sugar factory means the Central Society in the area of operation of which any such society operates or any sugar factory is situated.


(c)
"State Level Caderisation Committee" means a committee appointed as such by the Government of Maharashtra.
54.

Utilisation and investment of reserve fund:-

(1)
A society shall, in addition to the modes specified in clauses (a) to (d) of Section 70, invest or deposit its reserve fund in any one or more of the following permitted modes namely—


(i)
In the case of Primary Societies in the Central Financing Agencies,


(ii)
In the case of Central Co-operative Banks and Urban Banks in the State Cooperative Bank.


(iii)
In debentures issued by the Apex Land Development Bank or in Government loans, or


(iv)
In any immovable property specified by the Registrar by a general or special order:



Provided that, in the case of a society whose reserve fund is equal to or more than its paid-up share capital, the Registrar may, by general or special order, permit that society to invest that portion of the reserve fund which is in excess of its paid-up share capital, or a portion thereof, in its business :


Provided further that, in the case of Central Co-operative Banks and the State Co-operative Bank, the Registrar may, by general or special order, authorise such Banks to invest fifty per cent of their reserve fund in their business.


(2)
No society whose, reserve fund has been separately invested or deposited shall draw upon, pledge or otherwise employ such fund except with the sanction of the Registrar previously obtained in writing.


(3)
In the case of a society constituted with the object of co-operative housing on a co-partnership basis, the reserve fund may be utilised for expenditure on the maintenance, repair, and renewal of buildings of society.


(4)
In the case of a processing society the reserve fund may be utilised in the acquisition, purchase or construction of lands, buildings and machinery.
55.

Investment of other funds:-

(1)
A society may invest any of its funds (other than the reserve fund) in any of the modes specified in Section 70 when such funds are not utilised for the business of the society.



Explanation: — For the purpose of this sub-rule, "business of society" shall include any investment made by the society in immovable property with the prior sanction of the Registrar in the process of recovery of the society's normal dues or for the purpose of construction of building or buildings for its own use.


(2)
The Registrar may, in the case of any society or class of societies, specify by a special or general order the maximum amounts to be invested in any class or classes of securities.


(3)
Every society which has invested an amount not less than 10 per cent of its working capital in securities shall be required to constitute an investment fluctuation fund. The Registrar may direct that a specified per cent of the net profits every year shall be credited to the investment fluctuation fund until, in his opinion, the amount of the funds is adequate to cover anticipated losses arising out of the disposal of securities.

(4)
Proportion of paid-up share capital of the investing society or a class of society, shall be determined by the Registrar by special or general order, from time to time, for investment in the shares or security bonds or debentures issued by any other society. While determining such proportion, the Registrar may impose such conditions as he may deem fit.


(5)
When any society or societies have been permitted to enter into collaboration as provided under sub-section (1) of Section 20A, if it is necessary to invest the funds of the society or societies in such collaboration, the Registrar may, in addition to any general or special order of the State Government as specified in clause (e) of Section 70, impose such additional conditions as may be necessary in the interest of the society:



Provided that, the Registrar may for ensuring the safety of the funds of the society or societies invested in such collaboration for beneficial utilisation of the funds in furtherance of the objects may be regulated to the extent and manner of such investment from time to time.
56.

Maintenance and administration of provident fund:-


A society which has established a provident fund for its employees under Section 71 shall, with the previous approval of the Registrar, frame regulations for the maintenance and utilisation of the provident fund for its employees. Among other matters, such regulations shall provide for the following—


(i)
amount (not exceeding ten per cent of the employees salary) of contribution to be deducted from the employees salary;


(ii)
the rate of contribution (not exceeding the annual contribution made by the employee) to be made by the society;


(iii)
advances which may be made against the security of the provident fund;


(iv)
refund of employees' contribution and contribution made by the society;


(v)
Mode of investment of the provident fund and payment of interest thereon.