1.Name and Address: –

The name of the Federation shall be called: THE ODISHA FISHERIES COOPERATIVE CORPORATION LTD., herein after called as FISHFED/ Corporation. Its registered office shall be at1st Floor, Matsya Sadan, Cuttack Road, Bhubaneswar-751006

2.Area of Operation: –

The area of operation of the Corporation / FISHFED shall extend to the whole state of Odisha.

3.Definition: –

In the Bye-laws unless there is anything   repugnant in the subject or context”

(a) “Fisheries Federation” means “ODISHA FISHERIES COOPERATIVE CORPORATION LTD.” (FISHFED).

(b) “Act” means The Odisha Cooperative Societies Act,1962 (Odisha Act 2 of 1963)

(b) (i) “Rule” means the Odisha Cooperative Societies Rules, 1965 & OCS (Election to the Committee) Rules 1992.

(c) “FISHFED” means Apex Society consisting of Fishermen Cooperative Societies and other categories of Cooperative Societies, body corporate, PSUs etc., the area of operation of which extends to the whole state of Odisha.

(d) “State” means territory defined as state in the constitution of India.

(e) “Member” means affiliated primary fisherman cooperative societies/ Central fisherman cooperative societies / other categories of societies registered under the OCS Act and includes co- opted members, nominal member/ state government/ central government / public sector under taking of state and central government / national level cooperative organization/ body corporate who have contributed to the share capital of FISHFED & admitted as members by the Committee of Management as per the provision of the Bye-laws.

(f) “Board” means Committee of Management of “Odisha Fisheries Cooperative Corporation Ltd.” (FISHFED) which shall be constituted as per the Odisha Cooperative Societies Act and the Rules framed there under and the bye-laws of the FISHFED.

(g) “Executive Committee” means the committee constituted as per Act & Rules which includes different committees which may be formed as per the requirement by the Committee for smooth management of the affairs of FISHFED.

(h) “Sub-committee” means any sub-committee constituted by the Committee of Management to undertake specific tax for furtherance of the objects of the FISHFED.

(i ) “President” means the Chairman of the Committee  elected or nominated as such in accordance with provisions of the Act, Rules and bye – laws of the Corporation/ FISHFED who shall be responsible, foremost among the members of the committee, for the overall development and progress of the Corporation and its members, the implementation of the policy decision of the committee and due observance by the Corporation of the provisions of this Act, Rules and bye –laws.

(j) “General Body” means a body constituted in accordance with Act, Rules & bye-laws.

(k) “Managing Director” means a person appointed by the Committee of Management as Chief Executive of the Corporation subject to approval of the Competent Authority as provided under the Act, Rules, or bye-laws.

(l) “Registrar” means a person appointed to perform the functions of the Registrar of Cooperative Societies under the Act and Rules and includes any person appointed to assist the Registrar when exercising all or any of the power of the Registrar.

(m) “Officer” means any Officer of the FISHFED who is appointed under OCS Act, Rules, the bye- laws and the service rule and competent to give directions in regard to the business of the Corporation.

(n) “Society” means a cooperative society registered or deemed to have been registered under OCS Act. and the Rules framed there under.

(o) “Representative” means a person who is duly appointed by the member society in accordance with the provisions of the bye-laws or representative of the State Government or the body corporate duly nominated under the provision of the Act-Rules and bye-laws.

(p) “Share Capital” means capital invested by member, the State Government other corporate bodies as provided in the bye-laws by purchasing shares of the Corporation subject to provision of the Act and Rules.

(q) “Employees” means Employees of the Corporation as defined in the Staff Service Rule or deemed to have been defined in the Service Rule.  

(r) “Committee” means the Committee of Management of Corporation by whatever name called to which the management of affairs of Corporation is entrusted by or under the Act, the Rules and bye-laws of the Corporation.

(s) Words and expression not defined in these bye-laws but defined in this Act or Rules shall have the same meaning assigned to them in the Act or the Rules.

4.1- Objects: –

The objects of the FISHFED are: –

1. a) To supply credit of all types to increase production investment marketing and for welfare credits.
2. b) To supply fishing implements and other accessories for fishing.

c)To purchase fish and fish products.

d)To market fish and fish products of members.

1. e) To impart training to fishermen members of affiliated societies and Fish farmers about fishing, fish processing, hygienic handling of fish & marketing.
2. f) To undertake extension work.
3. g) To prepare and implement economic development programmes to provide employment opportunities to fishermen communities.
4. h) To raise funds required for business from financing institutions, Govt. or other statutory bodies etc. for implementation of various programmes

i)To make necessary arrangements to get funds for implementation of development schemes for socio economic up-liftment of fisherman and to undertake extension work.

1. j) To prepare and implement economic development programmes to provide employment opportunities to fishermen communities.
2. k) To raise funds required for business from financing institutions, Govt. or other statutory bodies etc. for implementation of various programmes.

l)To make necessary arrangements to get funds for implementation of approved development schemes for economic and social up-liftment of fishermen societies.

m)To undertake export of fish, fish products and dry fish.

1. n) To take Govt. land on lease for fish farming and other fish related activities.
2. o) To conduct market analysis study for better marketing of fish and fish products.
3. p) To advance funds to the affiliated societies against security of their products.
4. q) To open branches, sale depots within the area of operation.
5. r) To own lands water frontage, buildings, fixtures machineries plants and vehicles etc.
6. s) To act as agents for Govt. or other public bodies or corporations registered under any act with previous approval Registrar/Govt.
7. t) To undertake housing schemes for the benefit of the members and sale them on hire purchase basis or otherwise.
8. u) To raise funds as loan, subsidiaries, grants and other contributions from Govt. quasi Govt. Organization HUDCO, NCDC, NABARD, LIC and other Corporations and banks or any other approved financing Agencies and to distribute among its members in shape of cash or inputs for implementation of several schemes such as housing, fish farming, fish capture integrated fisheries development schemes etc. and to take such appropriate steps for redemption of loans from such beneficiaries.
9. v) To raise funds through collection from the members and fishing industry for implementing various welfare schemes and employment generation activities.
10. w) To establish LPG outlet & fuel filling station at Fishing base or any other place in the State for undertaking commercial activities such as supplying fuel to fishers & other general public etc.

 x)1. To adopt aerator business such as   manufacturing, assembling or acting as distributor, dealer or C & F agent of any make or own brand of Corporation for the benefit of Brackish water, shrimp farmers or for any other purposes.

2. x) 2. To take up Reservoir Fisheries development in the

x)3. To renovate defunct or set up new Ice Plant in the existing location or any other location in the state either directly or on PPP mode subject to execution of agreement.

x)4. To Sub-lease the Jetties / FLC of FISHFED to PFCS/Private Party/any other Organization/ individual for generating more income, subject to execution of agreement

x)5. To take steps for strengthening of the member PFCS of Inland, Marine, Brackish Water including Chilika Circle.

x)6. To establish FISH FEED Mill for catering to the requirement of the state.

x)7. To act as facilitator in distribution of Chilika Sairats as per guidelines & direction of Govt.

x)8. To enter into FISH ON WHEEL / Mobile Van business for providing ready to eat items to the consumers of the state.

x)9. To create Cold Chain Linkage from fishing base to retail market for effective marketing of produces.

x)10. To link all the affiliated member PFCS of the Corporation with Head Office located at Bhubaneswar with modern e-System.

x)11. To maintain the Corporation website & Face Book as the Face Book of Fisheries Department or own Organization.

x)12. To establish modern hygienic fish selling   KIOSK/fish retail out-lets in any brand name in the State for the interest of the consumers.

x)13. To Organize consultancy work in various field for the benefit of Corporation and the member cooperative societies.

x)14. To establish processing, and packaging units for processing, preservation and packaging of fish & fish products.

x)15. To develop market information system, logo brand promotions, quality control and technology up- gradation.

x)16. To provide management development service to a member Cooperative Society.

x)17. To organize Training Programme, Exposure visit for Officers, Employees, Members of affiliated Societies, Farmers, individuals inside or outside state of the Country and creation of strong network through data base of fishery cooperative societies.

x)18. To publish the magazine, Journal, Souvenir etc.

19. To do all such other things as are incidental and conducive to the attainment of the above objects or any of them.

4.2-Affiliation: –

The Corporation shall be affiliated to the Odisha State Cooperative Union, Co-operative Bank, or any other Nationalized Bank, other cooperative organizations, other national level cooperative organizations, PSU of State or Central Government subject to the approval of the Committee and in conformity with the OCS Act and Rules framed there under.

5.Authorized Share Capital: –

The authorized share capital of the Corporation shall be 1000 (One thousand) lakh. 10,000 shares @ Rs.2,500/- each will be allotted to primary Cooperatives, 1,00,000 individual shares of Rs.200/- each will be allotted to nominal members, and 11,000 special class share of @ Rs.5,000/- to be allotted to the State Govt., Central, PSUs of State and Govt. of India and other Cooperative Bodies  Central, Apex of State or national repute.

6.Shares: –

6.1 (a) Share Certificate shall be issued to the members signed by an officer of the Corporation (duly authorized by the President) and Managing Director duly countersigned by the President of the Committee of the Corporation at end of each Cooperative year.

(b) If a certificate so issued is worn out, defaced destroyed or lost or if there is no further space at the back thereof for endorsement of transfer of in case a transferee of a share applies for a new certificate, it may be renewed or replaced as the case may be, on payment of such sum as the Committee of Management may prescribe and the member requiring a new certificate shall surrender the old certificate or give such evidence of its loss or destruction and such indemnity to the Corporation as the Committee of Management think fit.

(c) Every endorsement upon the Certificate or share in favour of the transferee thereof shall be signed by the Officer being authorized by the Committee of Management for that purpose.

 6.2. Lien upon the Share and Dividend

The Corporation shall have a first and paramount lien upon the shares and dividends of any member for all money due and recoverable from such member, it shall open to the Corporation to adjust the value of the share or dividend or any member towards the money due and recoverable from such member.

6.3. Withdrawal of share

No member shall be permitted to withdraw any share or interest therein before expiry of five years from the date of purchase of shares. Withdrawal shall not be permitted to a member who has not discharged its liabilities completely to the Corporation.

6.4. Transfer of share

No member shall be permitted to transfer the share or interest therein held by him unless:

(a) a member has held such shares or interest for not less than one year.

(b) a transfer is made to a member of the Corporation.

(c) the transfer is approved by the Committee of Management.

Provided that a member who ceases to be a member of the Corporation by reasons of resignation, expulsion or by reason of incurring any disqualification under the Act, Rules or the bye-laws, the Corporation may retire the share or the interest in the share held by such member on payment of the face value of such share or interest.

No member shall withdraw or transfer any of the   shares held in the Corporation within 1 year after the date of taking such share. The transfer of a share shall not be operative unless it is sanctioned by the Committee of management and refund of shares can only be permitted only in case a member has cleared all dues of the Corporation and have no liability in the Corporation on account of any contact/agreement, executed by the Corporation on behalf of the members.

6.5. Refund of share

6.5 The refund of total amount of shares in one Coop. year shall not exceed 25% of the total paid up share capital of the Corporation. In case of shares hold by the State/Central Govt. it can be retired within such period as may be decided by them.

7.Debentures

7.(a) With the previous sanction of the Registrar of the Cooperative Societies, the Committee of Management may raise funds by issue of debentures of one or more denominations for such period not exceeding 20 years as it may deem expedient on the security of the mortgagee of land building and other assets transferred to the Corporation by members and institutions and other assets owned by the Corporation or transferred to the Corporation by the members on Government Guarantee.

1. b) The debentures may be redeemed for such periods as may be fixed by the Committee of Management from the date of issue.
2. c) The Committee of Management may also issue debentures reserving to itself the right to call in any debentures at any time in advance of the period fixed for redemption by giving not less than three months’ notice to the debenture holders. No redemption of such debentures before the due date shall be made without the previous permission of the Registrar of Cooperative Societies at any time before the expiry of the period fixed for the debentures, redeem any or all of the debentures after giving the notice prescribed in this bye-laws.

d)No debenture holder can claim the repayment of the value of his debenture before the expiry of the period for which the debenture was issued.

1. e) Every debenture-holder whose debenture is redeemed on notice under the bye-law, shall be paid the sum for which debenture was issued together with all interest due thereon up to the date of redemption.

Debenture in respect of which notice of redemption has been given to the holders must be given up on the expiry of the term mentioned in the notice. If the debentures are not handed over until after expiry of the term fixed in the notice, the holder shall have no claim upon the Corporation for interest accruing after the expiry of the said term.

1. f) The Registrar of Co-operative Societies shall have the power to require the Corporation to credit to a separate account to be invested in such manner as may be approved by the Registrar of Cooperative Societies which shall be called the debenture redemption fund the whole or any part of recoveries made from the members of the Corporation towards principal under any of the mortgages. The Corporation may also out of this fund; purchase bonds from debenture holders under the general direction of the Registrar.
2. g) The debentures shall be signed and executed by at least three members of the Committee of Management of whom the President shall be one. The Corporation shall have a special seal to be used for debenture and the seal shall remain in the custody of the Managing Director.

8.Membership: –

8 (a)- Subject to the provisions to the Act, Rules and this bye-laws, the membership of the Corporation shall be open To Primary Fisherman Cooperative Societies / Central Cooperative Societies / Other form of Cooperatives / State and Central Govt. / Body corporate/ PSUs of State and Central Govt. / other Apex Cooperative organization of State and National. The Corporation may admit any person as nominal member subject to OCS Act and Rules. The Membership fees of the Corporation is as follows: 

1. b) PFCS and other form of Primary Cooperatives: -Rs. 2,500/- (Minimum one Share)
2. c) Central Cooperative societies: -Rs.5,000/- (Minimum one Share)
3. d) State and Central Govt./ Apex Cooperative organization of State and National and other Body corporate etc.: -Rs. 5,000/- (Minimum one Share)
4. e) Nominal members Rs. 200/-
5. f) Any hike in membership fees (No of shares) is subject to approval of the Committee of Management of the Corporation.
6. Annual Membership Subscription: –

09)a. Each member society shall pay Annual subscription to the Corporation for promotion of Fisheries Cooperatives Societies as under: –

Primary Fisherman Cooperative Societies: -Rs. 2000/- per year

Central Cooperative Societies                   : -Rs.3000/- per year

Others                                                        :-Rs. 3000/- per year

1. Annual subscription from members society shall fall due at the commencement of every financial year.
2. Failure to contribute towards annual subscription shall make the member ineligible to participate in the election of the Corporation.

10.Associate Members: –

10.1-Every cooperative society eligible for admission as a member shall have to pay membership share fees and entrance fee of Rs.500/- along-with application. Such applications shall be addressed to the Managing Director in the prescribed form of application supplied by the Corporation. The same would be ultimately placed before the Committee of Management who shall have power to grant such admission or to refuse as member after recording reasons for such refusal. However, such refusal shall be communicated to the applicant within 90 days from the date of application for membership.

10.2-. No Society or Body Corporate or any other member of the Corporation shall be eligible for being admitted for continuing as a member of Corporation if it does not satisfy the   requirements of this Acts, Rules and bye-laws made there under or incurring any of the disqualification specified in the OCS Act.

11.The Corporation can raise funds from the following sources.

1. Share Capital.
2. Admission/Entrance Fee.
3. Borrowings and deposits.
4. Funds to be raised out of profits.
5. Donations.
6. Grant-in-aid
7. Annual subscription
8. Contribution from NCDC/ NCUI
9. Deposit from members
10. Subscriptions
11. Loan/ Assistance from Govt./PSUs/other Co-operative bodies at State/National level.

The Corporation shall have power from time to time at their discretion to borrow funds by way of loans and deposit from the sources specified above to secure payment thereof in such manner they may deem fit.

12. The quantum of loan and deposits and its rate of interest may be determined by the Committee of Management from time to time. In case of borrowing from Cooperative bank or any other Nationalized Banks it may be covered under Government guarantee or on pledge of fixed assets of the society as decided by the Committee of Management from time to time subject to the approval of Government. The funds of the Corporation shall be deposited and transacted preferably with a coop. bank or any other bank to be decided by the Committee of Management from time to time.

13.Management (Election of Members)

Election of members of the Committee of Management shall be conducted in accordance with the provision of the O.C.S. Act 1962, OCS Rules 1965, OCS (Election to the Committee) Rules, 1992, and Bye-laws as amended from time to time and instructions issued by the State Cooperative Election Commission, Odisha.

The term of office of the Committee shall be five years from the date of election of the President of the Committee. The members of the Committee shall be entitled to travelling allowances and sitting fees on such scale as may be fixed by Committee of Management.

14.Managing Committee: –

14.1 A total number of 21 members (excluding the co-opted members) of the Committee from different constituencies shall be elected in such a manner as per the Act, the Rules framed there under and the bye-laws of the Society by and from among the qualified members of the Electoral College formed in such manner organized into such different constituencies.

In the total number of elected members of the Committee, there shall be representation from among the members belonging to Scheduled Caste, the Scheduled Tribes, the other Backward Classes including Socially and Educationally backward classes and the Women which shall be proportional to the ratio between the members belonging to each said category and the total number of members of the Electoral College referred to in clause (ii-a) of sub-sections (1) of Section 28-A, so that among  each of the said Scheduled Castes, Scheduled Tribes, the other Backward Classes including Socially and Educationally Backward Classes of the members, there shall be representation of women which shall be proportional to the ratio between the women members belonging to each said  category in the said Electoral College and the total number of members of that category in the Electoral College.   .

Provided that,  save as provided in the aforesaid clause there shall be no bar for the members belonging to the said reserved categories to contest the election against the remaining seats in the Managing Committee of the Corporation , Provided further that there shall be at least one representation from each said reserved category, if any.

In the event of seats in the Committee reserved for women, scheduled Caste, Scheduled Tribe & other Backward classes including Socially & educationally Backward classes remain unfilled in any election of the Corporation, the Committee of Management of the Corporation shall co-opt the required number of such categories of members from among the members of the Corporation and for the purpose of making such co-option the vacancies in the unfilled seats reserved for the said categories shall not invalidate the constitution or functioning of the Committee, if otherwise it would be having a quorum.

The term of office every such co-opted member shall be co-terminus with the other members of the Committee.

1. a) The Committee of Management of the Corporation shall remain in-charge of office for a period of 5(Five) years.
2. b) Any elected member of the Committee of Management may at any time, resign from the office by sending a letter of resignation to the Managing Director of the Corporation, but such resignation shall take effect only from the date on which it is accepted by the Committee of Management.
3. c) If a member of Committee of Management abstains him/herself from 3 consecutive meetings of the Committee without prior intimation he or she shall cease to be a member, but he/she may on sufficient cause being shown by his/ her, be re-instated by the Committee of Management.
4. d) No individual whether by himself or as a representative of the society shall be illegible for being chosen for continuing as member, President or Vice –President of the Committee of the Corporation, if he /she incurs disqualification U/s. 28(3) of the OCS Act, 1962.
5. e) The Corporation shall co-opt members as per provisions of the OCS Act,1962.
6. f) No society shall be illegible for being chosen to participate in the election of the Corporation unless that society is not completed minimum one year as a member on the date of declared the election of the Corporation by the election Officer.

14.2- The elected members shall elect from among themselves a President and Vice-President as per provisions of OCS Act and Rules framed there under.

 14.3- Any Director of the Committee except the co-opted members of the Committee may resign at any time from his office through a resignation letter addressed to the Managing Director. It shall be the duty of Managing Director to place the same before the Committee for a decision.

15. Meeting of the Committee: –

The Committee shall meet once in every three months gap subject to four times in a year for the transaction of the business of the Corporation.  The meeting of the Committee shall be called by the: –

1. a) President
2. b) Managing Director under the authority of President.
3. c) Managing Director on requisition from Registrar or the Person authorized by him or the Election Officer or Financing Bank of the Corporation or 2/3rd of the elected members of the Committee of Management within the time specified in the requisition.

15.1. Quorum for the Committee Meeting: –

The quorum for the meeting of the Committee of the Management shall be 8 (eight) persons.

15.2. Resolution through Circulation: –

In case of urgency it shall be competent for the President to direct the Managing Director to circulate papers among the members of the Committee and obtain their decision there on. In case of circulation, should there be any difference of opinion among the members, the matter shall not be decided and shall be placed before the next meeting of the Committee for decision. If there is unanimous decision in the circulation of papers, such decision shall be placed at the next meeting of the Committee for information of the members. 

15.3. Notice for Committee Meeting: –

15.3 Seven (7) clear days’ notice for every meeting of the Committee shall be given to each member of the Committee specify date, time, place agenda of the meeting. 

15.4. Dis-qualification: –

A delegate of a member society shall not be eligible for being chosen or for continuing as a member or President of the Committee of the Corporation if the member society which he presents –

1. a) has failed to make payment of any amount due whether it in cash or kind to the Corporation or to any other society on account of any loan or otherwise within three months from the date of notice by the Corporation for payment of such dues; or
2. b) ceases from membership of the Corporation or is ordered to be wound up or dissolved; or
3. c) A delegate or a member society shall not be eligible for being chosen or for continuing as member or President of the Corporation if he incurs any of the disqualification envisaged in O.C.S Act, 1962.

But prior to expulsion, the member concerned shall be given opportunity of representing his / for case before the General Body.

16.Powers of the Committee

16 (1) The management of the Corporation shall vest in a Committee constituted in accordance with this Act, Rules and bye-laws, and the Committee so constituted shall exercise such powers and perform such duties as may be necessary or expedient for the purpose of carrying out of its functions under this Act which shall include: –

The powers to –

1. a) Admit members and dispose of applications for shares;
2. b) Interpret the organizational objectives and set specific goals to be achieved towards those objectives;
3. c) Prepare annual and supplementary budgets and get approval of the General body thereto; d) Raise and invest funds in accordance with the bye-laws;
4. e) Sanction all expenditure above the prescribed level, and the plan of capital development for the coming year or years;
5. f) enforce any debt or demand of the Corporation and institute, defend or compromise legal proceedings for or against the Corporation;
6. g) asses the existing man-power resources and future requirements in the context of changes that might have taken place, and the measures to be taken to ensure availability of the required resources, consider and remove constraints in the process or progress of man-power planning at least once at the beginning of every year;
7. h) to create posts, make service conditions, leave concessions, fixation and revision of pay and allowance of the employees of Corporation with the previous approval of the Registrar and shall have power to appoint officers and other staffs to conduct the business of the Corporation and determine inter alia their duties, disciplinary matters, subject to provisions in this regard, in the Act, Rules and the Bye-laws;
8. i) arrange for the education and training of members and employees and review the programmes and the progress relating thereto, at least once at the beginning of every year;
9. j) To appoint Sub- Committees as may be deemed necessary;
10. k) make periodical appraisal of its operations;
11. l) acquire, hold and dispose, in the prescribed manner, of property; and
12. m) take such other measures or do such other acts as may be prescribed or required under this Act, Rules and bye-laws; and

16.2 The duty of: –

 Observing, in all affairs, the provisions of this Act, Rules and bye-laws;

16.3 Causing: –

1. a) Proper receipt and disbursement of moneys of the Corporation and maintenance of the accounts, assets and liabilities of the Corporation;
2. b) Preparation of Annual Report of the Corporation for every year;
3. c) Preparation of Annual returns prescribed by the Registrar and the Auditor General;
4. d) Preparation of the statement of accounts required at audit and placement of the same before the auditors;
5. e) Preparation of all other statements and returns and submission of the same to the Registrar and Auditor-General in such forms as they may direct;
6. f) Maintenance of the accounts of the Corporation regularly in proper Books;
7. g) Maintenance of the registrar of members up to date;

16.4 Formulating recommendation for appropriation of the net profits declared as distributable under the provisions of this Act, Rules and submitting the same to the General Body;

16.5 Facilitating the inspections, inquiries and audits under this Act and considering the Audit, Inspection and Inquiry Reports received from the concerned authorities and furnishing compliance thereto in accordance with the provisions of this Act and Rules;

16.6 Convening the meetings and special meetings of the General Body in time;

16.7 Watching that the loans and advances are utilized for the purposes for which they are meant and also that they are repaid punctually;

16.8 Examining and taking prompt action in cases of all arrears and defaults in repayment of loans and advances;

16.9 Liasioning with the members in all matters of the Corporation and ensuring the observance of the co-operative principles;

16.10 Making arrangements for holding elections in time; and

16.11 Performing such other functions as may be entrusted to it by the General Body or required by or under this Act, Rules and Bye-laws.

17. General Body: –

Supreme Authority shall vest with General Body of the Corporation, provided that nothing in this bye- laws shall effect the power of Committee or any officer conferred under the Act, Rules or Bye-Laws. The General Body of Corporation shall consist of the President or Vice –President or representative of affiliated Member Society. However, the decision appointing a delegate by the affiliated society shall have to be communicated in writing in such form as may be prescribed by the Corporation from time to time, which shall be deposited in the registered office of the Corporation before the time fixed for holding the meeting at which the delegate is supposed to participate. However, an affiliated society can withdraw its delegate at any time and send another in place of him; otherwise the nomination will remain valid for a period of one year.

18.General Body Meeting: –

18.1 The meeting of the general body of the Corporation shall be held at-least once in a year, but not later than six months after the close of the financial year, to transact business of the Corporation. The meeting of the general body shall be convened by the Committee or under its direction by the Managing Director of the Corporation. Special General Body Meeting shall be called in accordance with the provisions of law. The President shall preside over the meeting. In his absence Vice-President shall chair the meeting. In absence of both, the General Body shall select a member to preside over the particular meeting. Every member present shall have one vote.

18.2 Notice for the General body: –

1. a) It shall be the duty of the Managing Director of the Corporation to send notice of the meeting with agenda to members of the General Body expecting in the case of an election meeting where notice shall be served under speed post or any other approved method  by the election officer at the cost of the Corporation in accordance with the procedure laid down in the Act, Rules and instruction issued by the Registrar in that behalf.

b)10 clear days’ notice shall be given to each member before a meeting of the general body is convened except where election is to be held.

c)All notices of the general body meeting shall be sent by post or any other mode to the address of the members of the general body. It shall be the duty of the member of the corporation to keep informed of any change of address.

1. d) In the case of amendment of bye-laws, the notice shall be given to the members as per the O.C.S. Act, Rules and the bye laws.

18.3 Delegates from defaulting member societies shall not be entitled to exercise the right to vote or to seek participation in election to any office bearer of the Corporation. If the delegates of defaulting society holding any office of FISHFED shall forfeit their right to hold such office with effect from the date on which the society becomes defaulter under these Bye-laws provided proper notice has been given to the defaulting society and if it has failed to pay its dues within 30 days after the receipt of notice.

19. Subject matters to be dealt by the General Body: –
20. Subject to the provisions of this Act, Rules and Bye-laws, the following matters shall be dealt with by the General Body: –
21. a) Matters concerning the election of office bearers.
22. b) Approval of the programme of the activities of the Corporation and annual & supplementary budget.
23. c) Review of the programme for the year and its implementation.
24. d) Review of loans advanced to office- bearers and their near relatives or family members and direction for recovery of such loans
25. e) Consideration reports of Audit, Inspection and Inquiry, Annual Reports including the Annual Report of the Auditor General, and directives of the Government, if any, action taken by the Committee thereon;
26. f) Disposal of the net profit & review thereof.
27. g) Amendment of the Bye-laws of the Corporation.
28. h) Review of the Reports of the Committees, Sub-Committees and the Chief Executive.
29. i) Creation of Reserve and other funds and review of utilization thereof;
30. j) Fixation of remuneration and other facilities to be allowed to the office bearers in connection with duties performed and meetings attended in their capacity as such.
31. k) Fixation of the date of next meeting of the General Body.
32. l) Formulation of code of conduct for the members, office bearers, officers and other employees of the Corporation;
33. m) Any other matter as may be placed in accordance with the provisions of O.C.S. Act, Rules and the Bye-laws.

20.Presiding Officer of the General Body meeting: –

The President of the Corporation and the Vice President in his absence shall preside over the meeting and in the absence of both, the General Body may elect a President from among the members present to preside over the meeting. The General Body meeting convened for holding election of the members of the Committee shall be presided over by the Election Officer or any person authorized by him.

21. Quorum for General Body Meeting: –
22. The quorum for a meeting of the General Body shall be 20 (twenty) or one-fourth of the total number of members present whichever is less. If within half an hour from the time appointed for the General Meeting the quorum is not present, the President of the meeting shall ordinarily adjourn it to the same day in the next week and at the same time and place. But a meeting called on the requisition of members shall not be adjourned but dissolved. No quorum shall be necessary of meeting adjourned under this sub-clause. No business other than the business fixed for the Original meeting shall be transacted at any such adjourned meeting. The decision of the General Body on any matter placed before it shall be determined by a majority of votes of the members present and voting at the meeting except where otherwise provided under the OCS Act and Rules framed there under or in these bye-laws.

Provided that in the event of an equality of votes the person presiding at the meeting shall give second or casting vote.

Provided further that such a second or casting vote shall not be exercised for the election of members to the Committee of Management.

21.1. The decision of the General Body on any matter placed before it shall be determined by a majority of votes of the members present and voting at the meeting except where otherwise provided under the Act and Rules framed there-under or in the bye-laws.

Provided that in the event of an equality of votes the person presiding at the meeting shall give second or casting vote.

21.2 Every member (excluding Co-opted members) present shall have one vote on each issue put to vote. All questions except amendment of Bye-laws shall be decided by a majority of votes of the members present and should there be equality of vote the President or other presiding member shall have a casting vote. The Managing Director shall record the minutes of the proceedings of the General Body immediately or termination of the meeting in the minute book duly certified by the President under his hand and seal. Every member attending the meeting shall sign in the Minute Book in token attendance at the commencement or during the course of the Meeting. Copies of the Minutes of each meeting shall be sent to the Registrar of Cooperative Societies, Auditor General of Coop. Societies and the Financing Bank.

21.3 A member shall exercise his vote in accordance with the Bye-laws and the provisions under O.C.S Act and Rules.

22. Officers of the Corporation: –

Subject to such powers delegated by the Committee of Management on their behalf, the officers of the Corporation shall have the powers listed under this.

22.1. PRESIDENT: –

22.1 The President shall have general control over the working of the Corporation and work of its officers. He will preside over,

1. i) General Body Meeting
2. ii) Special General Body Meeting

iii) Managing Committee Meeting

1. iv) Sub Committee Meeting if any and
2. v) He will exercise all other powers delegated to him by the Committee of the Management.

22.2 Vice-President: –

22.2 In the absence of President, the Vice- President shall discharge all the duties of the President.

22.3 Powers of Managing Director: –

22.3 The Managing Director shall be the Chief Executive of the Corporation. Subject to overall control of the Committee, the Managing Director shall, –

1. Manage the day to day business of the Corporation,
2. Operate the accounts of the Corporation,
3. Sign on the documents for and on behalf of the Corporation,
4. be responsible of making arrangements for the safe custody of cash,
5. Make arrangements for the proper maintenance of various books and records of the Corporation, for the correct preparation, timely submission of periodical statements and returns in accordance with the provisions of this Act and Rules, and bye- laws made there under,
6. Be competent to convene meetings of the General Body, the Committee and Sub-Committee, if any, and maintaining proper records for such meetings,
7. Be competent to make appointments to post in the Corporation in accordance with the rules prescribed excepting the post relating to which the power of appointment vests in the Committee,
8. Assists the Committee in the formulation of polices, objectives and planning’s etc.,
9. Furnish to the committee periodical information necessary for apprising the operation and function of the Corporation and
10. Perform such other duties and exercise such other powers, as may be prescribed or as may be specified in the bye-laws of the Corporation.

23.Inspection: –

The Corporation shall have the right to inspect the affiliated Primary Fisherman Cooperative Societies and call for from societies affiliated to it such report and returns as are necessary to ascertain the financial conditions of such societies.

24.Supervision: –

24.1 It shall be the duty of the Committee to develop, assist and coordinate the work of Member Cooperative Societies, for the purpose it shall have the following power: –

1. a) To inspect and ascertain by enquiry if the bye-laws are being properly observed by the societies.
2. b) To obtain and review periodical reports on the working of such societies
3. c) To direct society concern to take proper action and to take steps to see that such orders are carried out.
4. d) To make subsidiary rules for regulating the work of supervision.
5. e) To direct to take such legal action for recovery of its or the Corporation dues.
6. f) To direct for production of books and records of the Societies.

24.2 The affiliated societies shall be bound to give all facilities for inspection and furnish such information as may be required by the Corporation for the supervision of Societies.

25.Disposal of net profit: –

25. The annual net profit of the Corporation declared distributable in the audit shall be disposed of in the following manner: –
26. a) 25% of the net profit in any year of the Corporation shall be carried to the reserve fund.
27. b) 4% of the net profit in any year shall be contributed to the cooperative education fund subject to section 56(3) of the Act.; or a sum as the state Government may, by notification, specified from time to time whichever is more;
28. c) Payment of dividend to members on their paid-up share capital at a rate of not exceeding twelve percent of such share capital;
29. d) payment of bonus to members on the amount or volume of business done by them with the Corporation, to the extent and in the manner specified in the bye-laws;
30. e) Constitution of or contributions to, such special funds as may be specified in the bye-laws;
31. f) Donations of amounts not exceeding ten percent of the net profit for any charitable purpose as defined in section 2 of the Charitable Endowments Act, 1980;
32. g) Payment of bonus to employees of the Corporation; to the extent and in the manner specified in the bye-laws;
33. h) Payment of bonus to Government servants who are sent on deputation to the Corporation or are engaged whole-time in connection with the affairs of the Corporation and;
34. i) Payment of honorarium to members of the Committee for rendering specific services provided that the aggregate of such honorarium paid during any year does not exceed an amount equal to ten percent of the net profit of that year;

26.Reserve Fund: –

The Reserve Fund shall belong to the Corporation as a whole. No member shall claim a share in it.

27.Preparation of Statements: –

The Corporation shall prepare annually in such form as may be prescribed by the Director of Fisheries, Odisha-Cum-Additional Registrar Cooperative Societies / Registrar of Cooperative Societies / Auditor General of Cooperative Societies

1. a) A statement showing the receipts and disbursement for the year.
2. b) A profit and loss account.
3. c) A balance sheet and
4. d) Such other statements as may be prescribed by the Competent Authority.
5. e) After verification of statements and issue of audit certificates the Corporation shall place it before the Committee/General body and also ensure placing of the Annual Report every year in the Assembly.

28.Conflict between the Bye-laws of the Fishermen Federation and affiliated Societies: –

Should there be a conflict between bye-laws of the Odisha Fisheries Co-operative Corporation (FISHFED) and the Bye-laws of an affiliated society, the Registrar or an officer duly authorized shall be consulted and his decision shall be final. In case any provision of the bye-laws contradicts with the provision of OCS Act and Rules, the provision of OCS Act or Rules will supersede the contradictory provision of bye-laws.

29.Operation of Banking Accounts: –

The officers so empowered by the Committee of Management of Corporation will operate the bank accounts for smooth transaction of business.

30.Writing off Assets: –

If any sum or property belonging to Corporation is either stolen or lost and found irrecoverable either wholly or in part thereof, it shall be open to the General body to write up such amount against such sources or funds subject to approval of Registrar and/ or Auditor General of Cooperative Societies.

31.Liabilities: –

The liability of a member shall be limited to the same share Capital subscribed by such member. The liabilities of a past member or a deceased member for the debt of the Corporation as stood on the date of cessation or death of such member shall continue for a period of two years from such date

32.Maximum borrowing power: –

The total borrowings of the Corporation by both by way of loans, deposits and otherwise shall not at any time exceed 20(Twenty) times of its paid-up share capital plus reserve fund.

33.Contributory Provident Fund: –

To be regulated as per the provision of EPF Rules.

34.Secrecy: –

Every member of the Committee, Managing Director, General Manager, Officer or other person employed in the Corporation shall before entering upon his/her duties sign a declaration   pledging him/her self to observe a strict secrecy respecting all transactions of the Corporation and the state of accounts thereof and in matters relating thereto and by such declaration, pledge him/her self not to reveal any of the maters which may come to his / her knowledge in the discharge in his/ her duties, except when required so to do by the members of the Committee or by any meeting or by a Court of law or by the person to whom such matters relate any except so far as may be necessary in order to comply with any other provisions of Odisha Cooperative Societies Act, 1962 and Rule there in and these bye-laws or any either law for the time being in force.

35.Miscellaneous: –

(a) Any doubt arises to the construction of any bye-laws, the Committee of Management shall refer the same to the Registrar of Cooperative societies for advice and act accordingly; and

(b) Should there be any conflicting provision of the bye-laws of a member society and that of the Corporation the provision contains in the bye-laws of the Corporation shall prevail.

(c) No amendment to these bye-laws shall be made except at a meeting of the General Body and in accordance with Act & Rules framed there under. The amendments shall not take effect until it is registered by the Registrar or any Officer empowered in that regard.

(d) All disputes touching the business of Corporation shall be disposed of in the manner prescribed in the Act and Rules framed and orders issued there under.

(e) All notices of meeting and all other notices shall be deemed sufficient if left or posted to the address given by the members and other constituents of the Corporation, it being their duty to keep the Corporation informed of any change of address.