NIGERIAN CO-OPERATIVE SOCIETIES ACT

Section 56: Power to make regulations.

1993Section 56 of 58Federal Republic of Nigeria

(1) The Minister or the Commissioner responsible for matters relating to co-operative societies may make all such regulations as may be necessary for the purpose of carrying out or giving effect to the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such regulations may-
(a) prescribe the forms to be used and the conditions to be complied with in the making of applications for the registration of societies, and the procedure to be followed with regard to the application;
(b) prescribe the conditions to be complied with by persons applying for admission or admitted as members of registered societies, and provide for the election and admission of members, the payment to be made and the interest to be acquired before the exercise of the right of membership;
(c) subject to the provisions of section 27 of this Act, prescribe the maximum number of shares or portions of the share capital of a society which may be held by a member;
(d) prescribe the extent to which a society may limit the number of its members;
(e) provide for the appointment, withdrawal or expulsion of members and the payments, if any, to be made to members who withdraw or are expelled and for the liabilities of past members;
(f) provide for the general meetings of the members, empower the Director or any person authorised by him to summon those meetings, and the power to be exercised at the meetings, and the application and voting powers of representatives of affiliated societies to the meeting of secondary societies;
(g) provide for the appointment, suspension and removal of the members of the committee and other officers, and for the procedure at meetings of the committee and the power to be exercised and duties to be performed by the committee and other officers;
(h) prescribe the matters in respect of which a society may or shall make bye-laws and for the procedure to be followed in making, altering and rescinding byelaws, and the conditions to be satisfied prior to such making, alteration or rescission;
(i) prescribe the payment to be made, the conditions to be complied with and the forms of bonds, instruments or other documents to be executed, by members applying for loans or cash credits, the period for which loans may be made or credit which may be allowed to individual members with or without the consent of the Director;
(j)
provide for the mode in which the value of a deceased member's interest shall be ascertained and for the nomination of a person to whom the interest may be paid or transferred;
(k) provide for the mode in which the value of the interest of a member who has become of unsound mind and incapable of managing himself or his affairs shall be ascertained and for the nomination of a person to whom the interest may be paid or transferred;
(l) provide for the formation and maintenance of reserve funds, the object to which those funds may be applied, if any, and for the investment of any fund under the control of a registered society;
(m) prescribe the conditions under which the accumulated funds of a registered society may be distributed to its members and the maximum rate of dividend which may be paid by a society;
(n) prescribe the accounts and books to be kept by a registered society, and for the periodical publication of a balance sheet showing the assets and liabilities of a registered society;
(o) provide for the audit of the accounts of registered societies and for the charges, if any, to be made for the audit, and provide for the levy of contributions from all registered societies or any registered society to a fund to be used for the audit and supervision of existing societies;
(p) provide for the persons by whom and the form in which copies of entries in the books of societies may be certified;
(q) provide for the formation and maintenance of a register of members, and, where the liability of members is limited by shares, of the register of shares;
(r)
provide for the inspection of documents and register at the Director's office and fees to be paid for the inspection, and for the issue of copies of the documents or registers;
(s)
prescribe the manner in which any question as to the breach of a bye-law or a contract relating to the disposal of produce to or through a registered society may be determined and the manner in which the liquidated damages for any breach may be ascertained or assessed;
(t) prescribe the mode of appointing an arbitrator and the procedure to be followed in proceedings before the Director or arbitrator;
(u) prescribe the procedure to be followed by a liquidator appointed under section 40 of this Act and specify the cases in which appeals shall lie from the orders of the liquidator;
(v) prescribe the forms to be used, the fees to be paid, the procedure to be observed and all other matters connected with or incidental to the presentation, hearing and disposal of appeals under this Act or the Regulations made under it.
(3)
In any case where the Director is satisfied that a substantial number of members of a registered society are unacquainted with the English language, he shall cause regulationsmade under this Act to be translated into a language with which the members are acquainted, and made known in such manner as is customary for the community concerned.

Cite this section

Section 56, NIGERIAN CO-OPERATIVE SOCIETIES ACT (1993).

https://repo.podus.ai/laws/nigerian-co-operative-societies-act/section/56/