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| Name
& Address |
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1.
The Society shall be called 'The Uttar Pradesh Cooperative
Sugar Factories Federation Ltd. Its registered address
and head quarter shall be 9-A, Rana Pratap Marg, Lucknow.
Any change in address shall be communicated to the Registrar
within 30 days. |
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Definitions |
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| 2.
In these bye-laws unless there in anything repugnant in
the subject or context : |
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(a) |
'Act'
means the Uttar Pradesh Cooperative
Societies Act, 1965 (U.P Act No. XI of 1966) as
amended from time to time. |
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(b) |
'Apex
Society' has the same meaning as defined in Rule
2(b) for purposes mentioned in the Act and the
rules. |
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(c) |
'Federation'
means the Uttar Pradesh Cooperative Sugar Factories
Federation Ltd., Lucknow . |
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(d) |
'Registrar'
means the person for the time deing appointed
as Registrar of cane cooperative Societies and
includes any person appointed under sub-Section
(2) of Section 3 of the Act exercising all or
any of the powers of the Registrar. |
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(e) |
'Rules'
means the Uttar Pradesh Cooperative Societies
Rules, 1968, as amended from time to time. |
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(f) |
'Cooperative
Sugar Factory' means vacuum pan sugar mill of
Cooperative Sector. |
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(g) |
'Weaker
Section' means as provided in the Act and Rules.
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3. The area of operation of the Federation shall
extend to the whole of Uttar Pradesh. |
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4.
The objects of the Federation shall be to assist, coordinate
and facilitate the working of the affiliated cooperative sugar
factories, to assist in the promotin and organisation of new
cooperative sugar factories in the State and to supervise
their working and to arrange for manufacture and supply of
sugar machinery. The Federation shall promote establishment
of Industrial/Manufacturing units based on the by-products
of sugar mill preferably under the management of its constituent
units. Where the cooperative sugar unit is either unable to
set up such units by itself, or else makes a request to the
Federation, the Federation may establish such unit (s) directly
under its management and undertake all allied activities linked
for the purpose. |
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| 5.
In pursuance of the objects a stated in bye-laws 4, the Federation
may either by itself or with advice or assistance or in conjunction
with the National Federation of Cooperative Sugar Factories
Ltd., New Delhi : |
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(a) |
Provide
technical advice and other assistance in the selection,
purchase, installation and
maintenance of plant and machinery, spares tools and
other equipments to member sugar factories. |
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(b) |
Recruit,
train, appoint, transfer, suspend, dismiss, censure,
fine or otherwise publish the employees of the member
cooperative sugar factories, exercise disciplinary control
under regulations framed regarding the terms and conditions
of their service in accordance with section 121 or 122
of the Act; and subject to the provisions contained
in Section 70, settlement of disputes between such employees
and the member factories with the approval of the State
Government. |
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(c) |
Undertake
or arrange to purchase in bulk on indent basis or otherwise,
equipments chemicals, gunny bags, limestone, fuel lubricants
and any sale or utilization of any of the by-products
and articles; |
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(d) |
Suggest
measures for in creasing the operational efficiency
of cooperative sugar factories; |
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(e) |
Assist
in standardizing the accounting and costing methods
and practices. |
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(f) |
Provide
servicing and maintain work shop for spares
parts required by member factories. |
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(g) |
Assist
member factories through purchase by the Federation
of their shares from out of their own funds or the Principal
state partnership fund, subject to such terms and conditions
as may by prescribed by the State Government, and in
procuring financial assistance and accommodation from
the State and Central Government, Industrial Finance
Corporation of India, State Bank of India, State/Central
Cooperative Banks or from any other Financing agency. |
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(h) |
Supervise
and guide the working of member factories generally and
as may be necessary under section 123 and advise regarding
their work. |
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(i) |
Render
legal and business advice to its member factories and
take up or defend legal action on their behalf; |
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(j) |
Represent
the member factories at the National Federation or at
other organizations ( permanent or adhoc) and present
on their behalf their behalf their views to State and
Central Governments or any other body, commission or committee
of enquiry, or institution; and |
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(k) |
To raise fund and undertake such other activities as are
incidental or conducive to the efficient working of the
member factories in order to attain the above objectives
in order to attain the above objectives and to further
the common interest of member factories; |
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(l) |
To
set up printing press for the benefit of member sugar
factories. |
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(m) |
Take
up publication and supply of market and other information
relating to sugar industry. |
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(n) |
To
set organization for manufacture of sugar machinery. |
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(o) |
To
purchase sugar machinery and other requirements of the
member cooperative sugar factories and enter into contracts
on their behalf. |
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(p) |
(Dropped
by the committee). |
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(q) |
To
raise loans from financial institutions, banks Government
and other institutions for investment in block assets
and working capital requirement and for rendering financial
assistance to member cooperative sugar factories. |
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| 6.
The membership of the Federation shall be open to : |
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(i)
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Cooperative
sugar factories of the State registered under the
U.P. Cooperative Societies Act and which have received
the Letter of Intent or the Licence under the industries
(Development & Regulation) Act, 1951, and- |
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(ii) |
Government of Uttar Pradesh as provided for under
section 17 (1)(c). |
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7.
Every application for membership from the cooperative
sugar factories shall be accompanied by a resolution
of the committee of Management of the cooperative sugar
factory authorizing the chairman or the Managing Direct
to apply for affiliation to the Federation unless the
bye-laws of the cooperative sugar factory concerned
provide for automatic membership and affiliation to
the Federation after registration along with the admission
fee as provided in the bye-law No 9;
Provided that the membership of the State Government
will be automatic and notwithstanding anything contained
in any of these bye-law 6(ii) is rescinded, continue
without any limit of time, free from any conditions
of admission fee on subscription and other liabilities,
and its nominees shall be immune from any of the disqualifications
mentioned in the Act and Rules. |
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| 8.
Membership of the Federation shall cease : |
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[i] |
(a)
On winding up or dissolution of the member cooperative
sugar factory.
(b) On winding up or dissolution of the member
cooperative sugar factory;
Provided that in the event of its division into
more that one society or its member or amalgamation
with other society the membership shall cease from
the date its registration in the old name is cancelled
or deemed to be cancelled by the Registrar. |
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[ii]
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A
member cooperative sugar factory may be removed
or expelled if it defaults, for three consecutive
years or more, in making payment of its sub-scription
and other dues etc. or fails to carry out any of
its obligations to the Federation under these bye-laws,
Act and the Rules or has mis-appropriated any funds
or property or caused damage, or detriment to the
interests of the Federation provided that before
such removal or expulsion the aggrieved member shall
be given an opportunity to explain its position
within one month. After the explanation is received,
the committee of management shall call a general
meeting within 21 days to consider action to be
taken, a copy of the agenda shall be forwarded to
the member concerned to enable it to state its position
in the meeting. |
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[iii]
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The
General Body, by a majority of 2/3rd of the members
present and voting, may for reasons to be recorded
in writing resolve to censure, suspend, remove or
expel the member for a specified period or terminate
its membership with or without any penal charge.
A copy of the resolution passed will be sent to
the member concerned by Registered post. |
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| 9.
Each cooperative sugar factory shall pay an entrance fee
of Rs. 1000/- with its application for membership. |
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10.
Each member cooperative sugar factory shall in addition
to the supervision fee as may be fixed by the registrar,
pay to the Federation on the basis of the quantities of
sugar produced in the previous season, an annual subscription
at a rate as may be determined, from time to time by the
committee of Management of the Federation. Provided that
a member cooperative sugar factory shall pay a minimum
annual subscription of Rs. 1000/- or such higher amount
as may be fixed till it goes into production.
PROVIDED FURTHER THAT the Federation may require
the member cooperative sugar factories to make additional
contribution towards raising funds for incurring major
iteme of capital expenditure, for paying the salary, provident
fund and other charges in respect of the senior technical,
administrative and accounting staff employed by it for
their common benefit and for procuring such technical
or other abvice or assistance as might be in their interest,
and for publicity and propaganda on their behalf. |
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(a) |
Authorised
share capital of the Federation will be Rs. 5.00 crores divided
into 50,000 shares of Rs.1000/-each. |
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(b) |
Each
cooperative sugar factory in U.P. has been registered under
the U.P. Cooperative Societies Act, 1965 and granted a Letter
of Intent by the Government of India, shall purchase at least
one share subject to the maximum as laid down hereunder :
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(c) |
Each
cooperative sugar factory in U.P. which is in operation on
the date of commencement of these bye-laws, may purchase to
a maximum of five fully paid up shares for each one lakh quintal
of sugar cane crushed or part there of, calculated on the
basis of its average cane crushed during the past three seasons. |
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(d) |
(Each
cooperative sugar factory which is commissioned after the
commencement of these bye-laws, may purchase maximum five
shares for each one lakh quintal or part thereof, the sugarcane
crushed calculated on the basis of their crush in the 1st
and 2nd season with adjustment in the third season according
to triennial average Provided that the share initially purchased
before its commissioning shall be reckoned in determining
the total number of shares to be purchased. |
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(e) |
The share
purchased by the State Govt. shall be fully Paid up. |
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(f) |
Without
prejudice to the provisions for liabilities under section
25 and for charge and set off under section 41, the Federation
may redeem the shares held by the State Government. Provided
that no redemption of share shall be made without the concurrence
of the State Government. |
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(g) |
A share
certificate bearing distinctive number shall be issued for
every share subscribed, to be signed by a member of the committee
of Managing Director of the Federation with the seal of the
Federation affixed thereto. |
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(h) |
In
case of loss or destruction of the certificate, its duplicate
may be obtained on payment of Rs. 2/-only. |
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(a) |
The liability
of member cooperative sugar factories shall be limited to
the amount of subscription, contribution supervision fee and
amount of principal state partnership fund remaining unpaid
share capital as the case may be. |
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(b) |
The liabilities
of the State Government be limited to the extent of nominal
value of share held by it. |
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(c) |
In the
event of dissolution of the Federation if there is net surplus
after paying off all the loans and liabilities, such surplus
shall be distributed among the member cooperative sugar factories-prorata
of the average subscription paid (payable) during the three
years immediately preceding the year of dissolution. However,
for the cooperative sugar factories being members for a period
of less than last three years, such distribution shall be
on the basis of average subscription for the actual number
of their membership.
The provision in the aforesaid bye-law shall be effective
form date of Registration of the Federation. |
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| 12.
The funds of the Federation may be raised by one no more of
the following modes : |
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(a) |
Entrance
Fee |
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(b) |
Share
Capital |
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(c) |
Annual Subscription, contributions for specific purpose.
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(d) |
Supervision
Fee |
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(e) |
Loans,
advances and deposits form members including State Government
an non-members not exceeding the limit determined by
the General Body of the Federation and approv3d by the
Registrar. |
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(f) |
Financial
assistance, including subsidies from Government of Uttar
Pradesh or Govt. of India |
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(g) |
Donations,
and |
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(h) |
Commissions earned on supplies and sales. |
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| 13.
The General Body of the Federation shall consist of the following
delegates. |
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(a) |
Three
members of the committee of management of the provisional
committee for the time being of each member factory
nominated by the respective committees provide that
one nominee from each member factory shall be from amongst
the weaker section. In case of former, nomination shall
be made out of elected members. The term of delegates
shall be three cooperative years including the year
of their election. |
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(b) |
Eight
nominees of the State Government including the Chairman. |
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(c) |
Each delegate nominated under clause [a] above will
hold office for a period of 3 years unless he is earlier
replaced by the committee of Management of the body
he represents or he ceases to be a delegate in terms
of any of the provision of Rule 87 or forfeits his right
to hold that office by virtue of the provisions of the
Buy-laws of the cooperative society which he represents
or in which he is represented. |
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(d) |
Subject
to the provisions of the Act and Rules the final authority
shall vest in delegates of such members assembled in
the general meeting. |
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(e) |
Voting
right. Each delegate of the General Body shall have
one vote to be exercised in person only, provided that
the delegates or members nominated by the State Government
in terms of By-law 13(b) shall not vote in the of election
of an office bearer or of delegate of a Federation. |
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| 14. |
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(a) |
The
annual General meeting of the Federation shall be held
once in every cooperative years, as soon as may be,
after the annual returns have been submitted and accounts
audited but not later than 31st December unless the
Registrar allows, for reasons to be recorded, and extension
in time beyond 31st December. |
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(b) |
It
will be the duty of the Managing Director, and in the
absence of the Managing Director, of the chairman of
the committee of Management to call the annual general
meeting. |
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(c) |
The meeting of general Body will be held at the Headquarters
of the Federation.
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15.
An extraordinary general meeting of the general Body will be called,
within one month of the receipt of a requision in writing from the
Registrar or from atleast one fifth of the members of the general
Body, by the committee of Management. The members requisitioning the
extraordinary general meeting shall give a statement of the objects
for which the meeting is being requisitioned by them. |
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16.
A notice of fifteen days for the Annual or ordinary general meetings
and thirty days for the Extra-ordinary general meetings or fro meeting
for amendment of bye-laws shall be given to the members, with a copy
to the Registrar, specifying the venue, date and timed sacted thereat.
Non receipt of such a notice by any member shall however, not invalidate
the proceedings of the meeting. |
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17.
One third of the members constituting the general Body shall form
the quorum. If within half an hour of the time appointed for the meeting,
the quorum is not complete or for any other reason, the meeting shall
be adjourned to sixteenth day (counted from the date of adjournment
included) unless that is a holiday, at the time and place given in
the agenda notice of the original meeting and shall take up only the
agenda items fixed for the original meeting. Provided that if the
meeting has been called on the requisition of the members and if the
requisite quorum is not complete within an hour of the time appointed
for the meeting, the meeting may be dissolved.
For an adjourned meeting (not relating to rule
26 and 97) the quorum shall be one sixth of the members of the general
Body. |
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18.
The following among other subjects, shall be dealt with
by annual general meetings : |
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| (a) |
Confirmation
of the minutes of the last general meeting; |
| (b) |
Approval
of the programme of the activities of the Federation prepared
by the committee of Management for the ensuing year; |
| (c) |
Consideration
of the balance sheet and the annual report for the previous
cooperative year unless the audit has not been completed within
the period specified in the Rules; |
| (d) |
Consideration
in the prescribed manner, of the audit certificate and the audit
report for previous cooperative year unless the audit has been
completed within the specified period; |
| (e) |
Fixation of the maximum liability for the ensuring year in accordance
with the provisions of Rule 179; |
| (f) |
Consideration
of the budget for the ensuing year; |
| (g) |
Election,
if any, of the members of the committee of Management in accordance
with the provisions of the Rules and of the Bye-laws(in Appendix
"Election Regulations"); and |
| (h) |
Consideration
on any other matter as may be brought before it by the committee
of Management in accordance with the Bye-law |
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19.
Where the annual general Meeting has, in any year, been held before
the accounts have been audited, the consideration with the Bye-laws. |
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20. |
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| (a) |
In a meeting
the subjects shall be taken up for consideration in the order
as mentioned in the agenda unless the person presiding agrees
to change the order with concurrence of the majority of the
members present. Provided that the election of an office bearer
or a delegate or cooption, shall be taken up in the last. |
| (b) |
All matters
before a meeting shall be decided in the form of a resolution
passed by a majority of votes of the members present unless
a specific majority is required by any Rule or Bye-law and
in case of equality of votes, the person presiding shall have
a casting or second vote. When the members present in a meeting
are divided on any resolution, any member may demand a Poll
and in the event the person presiding over the meeting may
put the resolution to vote.
Voting may be by show of hands unless otherwise specified
in the Bye-law, Act or Rules for a particular matter. |
| (c) |
If all
the business in the agenda can not be transacted on the date
on which the meeting is held, the meeting may be decided by
the members present in the meeting or as may be decided by
the Chairman. |
| (d) |
The
minutes of the proceedings of all meetings shall be recorded
in a book to be kept for the purpose and minutes shall be signed
by the person presiding at the meeting as well as by the Managing
Director of the Society. |
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21. |
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| (a) |
The Chairman
of the Society or in his absence a member elected by the members
at the meeting shall
preside over the meeting. Provided that no person shall preside
over the meeting when matters in which he has personal interest
are to be discussed. |
| (b) |
(b) The
person presiding at the meeting shall conduct the proceedings
in such a manner as may be conducive, expeditious and satisfactory
disposal of business and shall decide all points of order
at the meeting. |
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Committee
of Management |
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22. |
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| (a) |
There
shall be 15 members in all out of which. |
| (b) |
Thirteen
members shall be by election from amongst the delegates of
the member societies and out of which two shall be from weaker
section. |
| (c) |
Managing
Director as ex-officio member. |
| (d) |
(d)
Secretary and Commissioner, Cane Development and Sugar Industry,
U.P. shall be ex-officio Chairman. |
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23. |
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| (a) |
The term
of the elected members of the committee of Management shall
be three cooperative years including the cooperative year
of their election (counting full year irrespective of the
period left after such elections in that coop. year). After
that they will cease to continue member of the Managing Committee
. |
| (b) |
No person
shall be eligible to be elected or coopted as a member of
the committee of Management after he has held such office
during two c9onsecutive terms whether full or part.
A person holding office of member of the committee of Management
at the commencement of Rules if again elected or coopted after
such commencement, he shall be deemed to have held office
for one term before such election or cooption.
Provided that where a period of three full cooperative years
has elapsed since the termination of his previous since the
termination of his previous term of membership of the committee
of Management, delegate will be eligible for election to the
committee of Management. |
| (c) |
A nominated
member of the committee of Management shall hold office during
the pleasure of the authority which nominated him. |
| (d) |
An
ex-office member of the committee of Management shall continue
on the committee of Management for as long as he holds the office
by virtue of which he was appointed or nominated as such member.. |
| (e) |
Deleted. |
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24. |
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| (a) |
The committee
of Management may invite as advisers to the committee of Management
up to two persons who may be Technical Experts or otherwise
helpful in the working of the Federation . |
| (b) |
Any vacancy
occurring among elected members shall be filled up by cooption
under Rule 450 by remaining members of the committee of Management
from amongst those who are qualified for the membership of
the committee of management for the unexpired period of the
term. |
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25.
Deleted. |
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26.
No person shall be eligible to be, or to continue as a member of the
committee of management who has contracted any of the disqualifications
laid down in Rule 453 provided that provision of clause (h) of sub-rule
(1) and of sub rule (2) of Rule 453 shall not apply to a nominated
or ex-officio member of the committee of management.
Provided further that any person who has contested election for the
membership of the committee of management but has lost such election
shall not be eligible to become such member by cooption or nomination. |
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27.
The proceedings of the meeting o0f the committee of management shall
be recorded in the minutes book and signed by the person presiding
over the meeting as well as by then Managing Director. Where a member
differs with the opinion of the majority he may ask for recording
his note of dissent in the proceeding of the meeting and such dissent
be got suitably recorded in the proceedings by the person presiding
over the meeting. |
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28.
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| (a) |
The meeting
of the committee of management shall be held as often the
committee of management may requisition the meeting. The meeting
will be held at the head quarters of the Federation . |
| (b) |
At least
seven days notice shall be given for holding the meeting.
For an emergent meeting called for specific purpose to be
mentioned in the agenda the notice of only five days shall
be needed. |
| (c) |
Members
requisitioning a meeting shall give a statement of the objects
for which the meeting is being requisitioned by them. |
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29.
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| (a) |
One third
of the total number of members of the committee of management
out of which two must be elected members shall constitute
the quorum . |
| (b) |
For meeting
of sub-committees constituted in pursuance of bye-law 30 [vii]
one half quorum and seven days notice shall be necessary. |
| (c) |
The Chairman
or in his absence a member elected by the members present
in the meeting shall preside over the meeting. |
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The Duties and Functions of the committee of Management Shall be
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30. |
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| (1) |
To admit
members . |
| (2) |
To raise
funds as prescribed under these bye-laws. |
| (3) |
To appoint
Joint Managing Director(s), Assistant Managing Director(s),
Technical persons and other staff and fix their scale of pay
and allowances and their conditions of service in accordance
with the provisions of the act and service Regulation framed
there under. |
| (4) |
To
determine the rate of annual subscription to be paid by the
member factories in accordance with the provision of Bye-law
10. |
| (5) |
To
undertake investigation for promotion and organization of cooperative
sugar factories in the Sate and to organize seminars and symposia
for the benefit of members. |
| (6) |
To
advise member cooperative sugar factories on: |
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(a)
The selection of machinery on the basis of the recommendation
of the U.P. State Advisory Committee constituted by the State
Government;
(b) Selection of sites for establishment of sugar factories
and;
(c) Appointment of supervisory and technical staff.
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| (7) |
To
appoint sub-committees for specific purpose conductive to member'
and Federation' interest with not more than seven members. |
| (8) |
To
advise member factories on matters relating to insurance, finance
and production. |
| (9) |
To
run workshops, research laboratories etc., and to undertake
other business related to sugar industry and to purchase necessary
sites etc. for the same. |
| (10) |
To
advise, guide and supervise the working of the member cooperative
sugar factories. |
| (11) |
To
arrange for publication of market intelligence and periodic
bulletins, news letter etc. pertaining to the sugar industry
of sugarcane problems. |
| (12) |
To call for the periodic returns, as may be prescribed, from
member cooperative sugar factories. |
| (13) |
To represent the member cooperative sugar factories in Government
or other bodies, committees, commissions of enquiry, when required
through delegates of the Federation and for the purpose depute
representatives to conferences and meetings convened by the
Government or any associations connected with sugar industry. |
| (14) |
To sanction expenditure on establishment and other activities,
capital and continent expenditures. |
| (15) |
To
prepare the annual budget of income and expenditure for
the consideration of the General Body. |
| (16) |
To
convene meeting of the General Body. |
| (17) |
To appoint, transfer, suspend, remove, dismiss or otherwise
punish employees of the Federation and to prescribe their terms
and conditions of service in accordance with the regulations
framed under section 121 and 122 of the Act, and to take similar
action in respect of employees of member factories, if so assigned
by Government. |
| (18) |
To
sanction investment of funds of the Federation in accordance
with the provisions of the Rules. |
| (19) |
To
establish and administer the principal state partnership fund
and to operate upon it and to utilize the said fund in accordance
with the terms and condition as may be laid down by State Government
in this behalf. |
| (20) |
Through any member of the committee of management, or officer,
or employee of the Federation or any other person specially
authorized, to institute, conduct, d
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