Co-operatives Act, 2005 (Act No. 14 of 2005)

Chapter 13 : Miscellaneous Provisions

95. Regulations

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(1)The Minister may make regulations relating to—
(a)the prescription of fees or the determination of fees that may be charged in respect of the filing, verification or copying of a document in terms of this Act, or in respect of any services rendered by the registrar;
(b)the payment of any prescribed fees, including the time when and the manner in which the fees are to be paid, the additional fees that may be charged or payable for the late payment thereof and the circumstances in which any fees previously paid may be refunded;
(c)the prescription of criteria in respect of exemptions permitted by this Act;
(d)the prescription of standards of accounting to be followed for the purposes of Chapter 7 by a co-operative;
(e)the categorisation of specific forms and kinds of co-operatives;
(f)the operation or administration of specific forms and kinds of co-operatives;
(g)a threshold based on a number of members or annual turnover of a co-operative, where required by this Act, and different thresholds may be prescribed for different purposes;
(h)matters arising from, or consequential to, the transitional provisions set out in section 97;
(i)the procedure in which an amendment to the constitution of a co-operative may be made;
(j)the prescription of norms and standards to which co-operative development support programmes must conform;
(k)the manner in which a co-operative may notify the registrar of the change of a co-operative’s details;
(l)the procedure for disqualification of a director or manager of a co-operative as contemplated in section 37(7); and
(m)generally, any matter that is necessary or expedient to prescribe for the proper implementation of this Act.

 

(1A)Any regulations relating to the financial co-operative must be made in consultation with the Minister of Finance.

[Section 95(1A) inserted by section 90 (item 5 of Schedule) of the Co-operative Banks Act, 2007 (Act No. 40 of 2007) Notice No. 217, GG 30802, dated 22 February 2008]

 

 

(2)The Minister may, after consulting any other relevant Minister and the Advisory Council, make regulations regarding any matter relating to the operation or administration of particular forms and kinds of co-operatives.