Co-operatives Regulations 1999 (L.N. No. 25 of 1999)

1. Citation

2. Interpretation Part 2--{:O-OPERATIVE ADVISORY BOARD

3. Chairperson

4. Secretary

5. Resignation

6. Removal

7. Bankruptcy

8. Meetings

9. Allowances Part 3--{:O-OPERA TIVE TRIBUNAL

10. Reference of dispute I 1. Reference to be in writing

12. Reference to be signed by Registrar

13. Appeal

14. Proceedings before Tribunal

15. Decision

16. Tribunal to forward file to Registrar Part 4--MISCELLANEOUS

17. Application for registration

18. Granting of application

19. Register to be open to public

20. Fees

21. Penalties Schedule-Fees 46 CO-OPERATIVESA<IT1996 (NO. 16OF 19~6) ' CO-OPERATIVESREGULATIONS1999 IN exercise of the powers conferred upon me by section 117 oft be Co-operatives Act 1996, I make these Regulations-- Part I-PRELIMINARY Citation l. These Regulations may be cited as the Co-operatives Regulations 1999. fnlerprttation

2. In these Regulations, unless the context otherwise requires-- "Board" means the Co-operative Advisory Board established by section 48 of the Act; "dispute" means a dispute of the kind described in section l I 5 of the Act; "Tribunal" means the Co-operative Tribunal established by section 116 of the Act. Part 2-CO-OPERATIVE ADVISORYBOARD Chairpersrm

3. The Minister must designate a member of the Board to be the Chairperson, Secretary

4. The Minister must appoint a suitable person as Secretary to the Board. Re.r1g11ati011

5. A member of the Board may resign by giving notice in writing Lo the Minister. Rmwval

6. If the Minisu:r is satisfied that a member is unable or unlit to discharge the functions of a member, the Minister may remove that member from office. .._,,- Rw1/cruptcy

7. A member who is adjudged bankrupt ceasesto be a member from thedaleoftheorder of adjudication. Muti11gs

8.-(1) The Chairperson must convene the first meeting of the Board and thereafter the meetings must be held at places and times the Board determines. (2) The Board must meet at Iea~t twice a year. (3) The Chairperson must preside al all meetings of the Board except that in his or her absence, the members present must designate one of their number 10 preside al that meeting. 47 (4) A quorum for a meeting of the Board is 4. (5) In any meeting of the Board, the Chairperson or the person presiding has a deliberative vote and in the case of an equality of votes also has a casting vote. (6) The Board must cause accurate minutes of its meetings to be properly kept and maintained. Al/o'M.nnus

9. A member of the Board is entitled to reasonableexpensesincurred in and allowances for attending meetings, to be fixed by the Minister. Part 3--CO-OPERA TIVE TRIBUNAL Referenceof dispute IO. A dispute may be referred to the Registrar or to the Tribunal in accordance with section 115(1) of the Act by any of the following- (a) tl1eBoard of Directors of a co-operative; (b) a registered co-operative by a resolution in a general meeting; (c) a party to the dispute; or (d) if the dispute concerns a member of the Board of Directors and a registered co-operative, any member of the registered co-operative. Ref,m:nce robe i11writing, etc. I I. A reference under regulation IO must- (a) be in writing, dated and signed by the applicam; (b) specify the dispute; and (c) set out the full particulars of the dispute. Reference to be signed by Regi.,trar

12. If the Registrar decides to refer a dispute to the Tribunal under section 115 (3) of tl1eAct, tl1eRegistrar must do so in writing. App,a/

13.-(1) An appeal to the Tribunal from adecision of the Registrar on a reference under section 115 of the Act, other than a decision to refer the matter to the Tribunal, must be made within 30 days from the date of the decision of the Registrar. (2) An application to extend the appeal period may be made in writing to the Tribunal. (3) A notice of appeal must specify tl1egrounds for appeal, signed and d;1tedby tJ1e appellant. (4) The appellant must serve the notice of appeal on all tl1eparties LOthe proceedings including tl1eRegistrar. 48 (5) Upon receiving the notice of appeal, the Registrar must prepare a bound record of the proceedings and forward a copy of the record to all the parties to the proceedings including the Tribunal. (6) The costs of preparation of the record are to be paid by the appellant. (7) Upon receiving the record of the proceedings, the Tribunal must appoint a tlay for the hearing of the appeal. (8) The Registrar must notify the parties to the proceedings of the day appointed for the hearing of the appeal. Proceedi11gs befor, Tribunal

14.-(1) Subject to subregulation (2), the Tribunal must contluct its proceetlings, as nearly possible, in the same manner as proceetlings before a magistrate. (2) The following provisions apply to the proceedings of the Tribunal- ( a) the Tribunal must notify the parties to the dispute of the date, time anti place of the proceetlings; (b) the notice untler paragraph (a) must be servetl on all the parties at leaM 10 tlays before the matter is heard; ( c) any evitlence recortletl by the Tribunal in its proceetlings must be tlatetl anti signet! by the Tribunal; (d) the Tribunal must properly mark, date anti attach to the file of tht: proceetlings any tlocumeot protluct:tl as an exhibit; (e) the Tribunal may proceed to hear and tlecide a tlispute in the absence of a party tluly notified to attentl. Dui.Jioti

15. A decision of the Tribunal must- (a) be in writing, dated and signed by the Tribunal; anti (b) state the costs orexpensesofllleproceedings, if any. the partyentitletl to the costs 01 expenses and the party liable to pay the costs or expenses. Tribcma/ to fvrward file 10 R~gistrar

16. The Tribunal must, at the completion of its proceedings, foward to the Registrar- ( a) the file of the proceedings; and (b) the decision. kt 49 Part4-MISCELLANEOUS Application for regi.tlration

17. An application for the registration of a co-operative must be submitted to the Registrar with the prescribed fee. GranJing of appliaJJion

18.-(1) If the Registrar grants an application for registration, the Registrar must register the co--operwvein theRegisi.erofCo--operatives,including its name and address, by- laws and any other particulars the Registrar thinks necessary. (2) The Registrar, upon registering a co-operative must forward to the co-operative- (a) a certificai.eof registration; (b) a certified copy of the by-laws of the co-operative approved by the Registrar; and (c) a copy of the Act and Regulations at cost price. Register to be opm to public

19. The Register of Co-operatives must be open for inspection by the public free of charge during official working bours and at any time the Registrar approves. Fees

20. The fees to be paid under the Act are prescribed in the Schedule to these Regulations. Penalties

21.-(1) A person convicted of an offence under section 118 of the Actis liable to a fine of$1,000. (2) A person convicted of an offence under section 119 of the Act is liable to a fine of $1,000 and in case of a continuing offence to an additional fine of S100 for each day during which the offence continues. SCHEDULE (Regulation 20) FEES

1. For registration of a co-operative ................................................................................ $110.00 Made at Suva this 25th day of February 1999. I. BOSE Minister for Commerce, Industry, Co-operatives and Public Enterprise Prfoe:33c PIO8. TIKOISUVA. GovcrrmeutPridtr,SuYl. Fijt-1999 4l()'FROSJ99-l,250