RCS ByeLaws 16d2b56
RCS ByeLaws 16d2b56
RCS ByeLaws 16d2b56
the Indian Trusts Act, 1982 and to act as agents for Cooperative Institutions for the
purchase and sale of such securities.
(i) To open branches where necessary, in its area of operation following the procedure
applicable therefore on the Bank, and
(j) To open, establish, maintain and operate currency chests and small coin depots on
such terms and conditions, as may be required by the RBI Act, 1934 and to enter into
all administrative or other arrangements for undertaking such functions with
Reserve Bank of India.
(k) Generally to undertaking such activities as may be conducive to the attaining of the
above objects.
4. Share Capital
The authorized capital of the bank shall be One Hundred crore of rupees made up of
the following types of shares:
1,92,000 "A" class shares of 96,00,00,000/‐
Rs. 5,000/‐ each
4,000 "B" class shares of 4,00,00,000/‐
Rs. 10,000/‐ each _____________________
Rs. 100,00,00,000/‐
_____________________
The value of each share shall be paid in full before allotment: ‐
"A" class shares shall be allotted to the Central Co–operative Bank's, Apex Bank and
other cooperative societies and other members enrolled as per provisions of the byelaws.
"B" class shares shall be allotted only to the State Government:
Provided that the Government shall not hold more than twenty five percent of the
total share capital of the Bank and that the Bank or the Government shall have option to
further reduce the Government's share capital.
The authorised share capital of the bank shall be further increased as and when
considered necessary by the Board of Directors of the bank without referring to the General
Body of the bank, but with the permission of the Registrar, Co–operative Societies,
Rajasthan, Jaipur
5. Membership
1. Membership of the Bank shall be open to the central Co–operative banks, apex Co–
operative societies and the Government.
2. It shall be open to the Government to contribute towards the share capital of the
Bank such amount, as it may deem fit.
3. Every member shall hold at least one share:
Provided that no member of the bank shall exercise the right of membership unless
he has fulfilled the norms for such minimum essential utilization of the services of
the bank as may be specified by the Registrar, If any, from time to time.
4 A member may increase the number of shares held by him at any time with the
approval of the Board of Directors.
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5. The Board of Directors shall have the right to refuse any application for allotment of
a share or shares, either wholly or in part, without assigning any reason for the
same.
6. Every application shall be accompanied by admission fee of Rs. 10/‐ which will be
non‐refundable and shall be carried to the reserve fund of the Bank.
7. A certificate of title to shares shall be issued within 3 months of allotment by the
Bank under its common seal and the signatures of the President and Managing
Director of the Bank.
8. The liability of each share holder is limited to the face value of the share or shares
held by him.
9. The Board of Directors may admit a person who maintains a deposit of at least Rs
1000.00 in the deposit account of' the Bank as a nominal member on an application
being made by him in this behalf in writing, subject to the following conditions:‐
(i) The Board of Directors shall have the right to refuse any application for
nominal membership, if the applicant suffers from any of the
disqualifications for membership as provided in the Rajasthan Co–operative
Societies Act, the rules framed there under and the bye‐laws of the Bank.
(ii) Every application for nominal membership shall be accompanied by an
admission fee of Rs 10/‐, which will be non‐refundable and shall be carried
to the reserve fund of the Bank.
(iii) Intimation of admission to nominal membership shall be given to an
applicant within one month of such admission.
(iv) A nominal member shall not be entitled to any share in any form whatever
in the assets of profits of the Bank nor shall have the right to vote in the
affairs of the Bank.
(v) Save as provided in these byelaws, a nominal member shall have such
privileges and rights of a member and shall be subject to such liabilities of a
member, as may be specified in the Act, the rules framed there under and
the bye‐laws of the Bank.
10. Nominal Membership of the Bank shall also be open to such public sector institutions
which facilitate rural production, processing, and marketing; viz. the State Agro
Industries Corporation, the State Ware Housing Corporation, the Land Development
Corporation and the State Electricity Board, or companies engaged in doing similar
activities or any other body etc.
11. Nominal Membership of the Bank shall also be open to other corporate bodies
registered or deemed to be registered under any Act in the State or in any other
State or Union Territory.
12. Further, the Board of Directors may also admit a primary Co–operative society as a
nominal member, provided that the society fulfills the necessary conditions.
13. Membership of the bank shall also be open to "Self Help Groups" as nominal
members.
6. Transfer of shares:
1. No member shall be permitted to transfer any share held by him unless the
transferee be a member or some person who satisfies the conditions for
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membership laid down in the byelaws and whom the Board of Director‐is willing to
admit as a member. In any case the transfer of a share shall not be operative until
and unless it is sanctioned by the Board of Directors. The transfer of shares shall also
be subject to such other terms, as may be laid down by the Board of Directors. A fee
of Rs 10/‐ shall be charged for the transfer of each share subject to a maximum of
Rs.l00/‐ for each transaction of transfer and shall be carried to the reserve fund of
the Bank.
2. The transfer books and the register of members may be closed during such time as
the Board of Director may think it, not exceeding on the whole thirty days in each
year, and such period shall include fourteen days immediately preceding the General
Body Meeting convened for the consideration of the annual report and statement of
accounts.
7. Cessation of and succession of membership:
1. Membership of the bank shall cease on expulsion or on ceasing to hold any share of
the bank or on failing to satisfy the conditions of membership laid down in bye‐laws
no.5 or on liquidation of the member.
2. The membership of the bank shall also cease, if the payment on account of shares
allotted is in arrears either in part or in full, for a period of three months from the
date of allotment and is not forthcoming even on a notice for a period to be
prescribed by the Board of Director being served. The part payment towards whose
membership thus ceased shall be refundable. This provision shall have retrospective
effect.
3. The Board of Directors shall have the discretion to terminate the membership in
cases where prescribed share applications have not been received within a period of
three months from the date of allotment of shares and or after expiry of a period,
the member has been served a notice therefore.
8. Expulsion
(1) The General Body may expel from membership any member by adopting a special
resolution, who:
(a) willfully deceives or endeavors in any way to defraud the Bank.
(b) does any act which is likely to be injurious to the interest of the Bank.
(2) The Board of Director shall give fifteen day's written notice to the member
concerned reqiuring him to present his case before the General Body in which his
expulsion is on cards:
Provided that no such expulsion shall take effect unless the Registrar has
accorded sanction to the resolution adopted by the General Body.
9. Borrowings
The maximum borrowing power of the bank shall not exceed twenty times of the
own fundsof the bank. Own funds include paid up share capital, statutory reserve,
special bad debt reserve fund, bad and doubtful debt reserve, agricultural credit stabilisation
fund, dividend equlisation fund and building fund.
10. Fund
The bank will ordinarily obtain funds from the following sources:‐
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For this purpose, one seat in any one of seven cooperative zones (as
mentioned in category (a) of sub‐rule (1)or the seat belonging to category (b)
thereof (i. e. the seat of affiliated apex societies), as the case may be, which has the
highest number of representatives belonging to any of the above classes shall be
reserved for that particular class; i. e. SC, ST, OBC or women:
Provided that if the number of representatives belonging to a particular
class/classes in different cooperative zones or in category (b), is such that no clear
cut reservation is possible on the basis of such number(s) alone; seats for the above
classes shall be reserved by drawing lottery from among the possible zones/category
(b), as the case may be.
(3) Reservation of seats for SC, ST, OBC and women candidates shall be decided by the
Board of Directors before each election and such reservation shall be effective after
approval of the Registrar.
(4) If a seat belonging to any of the four classes mentioned in sub‐section (2) above has
fallen vacant for any reason, whatsoever, the same shall be filled or made good by
co‐option of a candidate from that particular class from amongst the persons eligible
to contest election to the Board of Directors:
Provided that a person, who has lost election for the seat in the last
elections, or has been adjudged disqualified therefore, shall not be eligible for co‐
option.
(5) Notwithstanding anything contained in this section here‐in‐above, there shall be
such number of professionals on the Board of Directors, as may be specified by
Reserve Bank of India from time to time and having special knowledge or experience
in field of accounting, law, Banking, Management, Agriculture or Rural Economy or
such knowledge or experience in such fields, if any, as may be specified by the
Reserve Bank of India and, in ease, such number of professionals do not get elected,
the Board of Directors shall co‐opt such number of professionals with full voting
rights irrespective of whether such professionals are members or not:
Provided that where a person has been co‐opted as a member of Board of
Directors under this sub‐section without having the requisite minimum
qualifications, his co‐ option shall be treated as null and void and shall be removed
from the office after giving him a reasonable opportunity of being heard
24. (a) The directors representing central Co–operative banks shall be the Chairpersons of
the respective affiliated Central Co–op. banks.
(b) The directors representing affiliated apex societies shall be elected from amongst
the chairpersons of such apex societies.
(c) The election to the Board of Directors and the election for the President and Vice
President shall be in accordance with the provisions of the Act and the rules made
there under.
25. Disqualification for Directorship
A Director of the Bank shall cease to hold office if he :‐
(1) ceases to be member of the Central Co–op. Bank or the society which he represents
or ceases to be the chairperson of the society or the central Bank concerned, or
(2) become incapable to act as such on account of bodily or mental infirmity, or
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(3) is known in the opinion of the Board to have maliciously done anything against the
vital interests of the bank, or
(4) a director of the Bank may be declared by the Board to have ceased to hold office, if
he absents himself from three consecutive meetings of the Board without obtaining
leave for such absence.
(5) Incures ineligibility to continue as a director under the provisions of the Act or the
Rules.
26. Election of President and Vice President
The elected members of the Board shall elect from among themselves, a President
and a Vice President, in accordance with the procedure laid down in the Act and the rules
made there under.
27. Filling of casual vacancies among the Directors
Any casual or interim vacancy occurring in the Board shall be filled up by cooption by
the remaining Directors of the Board from amongst the qualified representatives of the
constituencies concerned. Such Director shall hold office till the next General Meeting when
the vacancy shall be filled by election. Any vacancy amongst nominated directors shall be
filled up by the Government.
28. Meeting of Directors
(1) The Board shall meet as often as may be necessary for the transaction or the
business of the Bank but not less than once a quarter. In the absence of the
President, the Vice President shall preside. Questions arising at any meeting of the
Board shall be decided by a majority of votes. In case of equality of votes, the
President shall have a second and casting vote. The quorum for a meeting of the
Board shall be eight.
(2) The Board of Directors or the President may call a meeting of the Board upon a
written requisition of not less than one half of the members of the Board. The
President shall call a meeting of the Board within fourteen days from the date of
such requisition.
(3) Seven clear day's notice of every meeting shall ordinarily be given to each Director
specifying the date, place and hour of the meeting and the subjects to be discussed
there at, provided that the Board of Directors may, with the leave of the Board,
bring before the meeting without previous notice any business which in its opinion is
urgent.
(4) If there be no quorum at a meeting of the Board, the Meeting shall stand adjourned
to such other time and date as the Directors present at such meeting may
determine. At any such adjourned meeting the Directors present shall, provided not
less than four Directors are present, have the power to transact all the business
specified in the agenda of the meeting which had to be adjourned for want of
quorum.
29. Term of office of Directors
(1) The elected members of the Board shall hold office for a period of five years from
the date of election.
(2) The Government may terminate the term of a nominated Director at any time and
nominate another person in his place.
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(a) A statement showing the receipts and disbursement for the year.
(b) A profit and loss account.
(c) A Balance sheet and
(d) Such other statements as may be prescribed by the Registrar.
(2) These statements shall be made up to the 31st March every year and a copy thereof
shall be sent to the Registrar by the 15th May. The Bank, after getting its accounts
audited, shall publish such statements in the newspapers or as per the guidelines
issued by the National Bank or in the manner prescribed by the Reserve Bank of
India.
44. Profits:
(1) The annual net profits of the Bank as declared by the Registrar in his audit certificate
shall be disposed of in the following manner:
(i) At least 25% of the net profit, after providing for unrealised interest, shall be
carried to the Reserve Fund.
(ii) Divided to be paid not exceeding the rates as permissible under the
Rajasthan Cooperative Societies Act and rules on the amount of shares held
by the members subject to the condition that no dividend shall be payable
on the amount paid up on any share which has not been held for at least six
months at the close of the year for which profits are being distributed. On
shares held for a period of less than a year and more than six months,
dividend shall be payable for six months only. Beyond the dividend no bonus
shall be payable on shares.
(iii) Not less than 15% and not more than 25% of the net profit shall be carried
to the Agricultural Credit Stabilization Fund.
(iv) Not less than 5% of the net profit shall be carried to bad and doubtful debt
reserve.
(v) Any balance remaining may be allotted to any or all of the following as the
General Body may think fit subject to such general restrictions as may be
prescribed by the Act or the Rules framed there under:
a) Investment Depreciation fund.
b) Building fund.
c) Dividend Equalisation fund.
d) Bunus to staff not exceeding two month salary.
e) Staff gratutity fund according to the rules framed by the Board.
(2) The allotment to the funds specified in sub clause (v) clause (1) shall, as far as
possible, be made in the order or priority mentioned therein.
(3) Inappropriate or undisbursable balance, if any, shall be added to the reserve fund.
(4) If any share holder does not claim dividend within 6 years of its declaration, he shall
forfeit his right to dividend and such dividend shall be carried to the reserve fund of
the Bank.
(5) No unpaid dividend shall bear the interest against the Bank.
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