[04th
August 2023] In exercise of the powers
conferred by clauses (aa), (ja), (k), (ka) to (ki), (ma), (qa),(sa) to
(sc),(wa), (wb), (xa) and (xb) of sub-section (2) of section 124 of the Multi-State
Cooperative Societies Act, 2002 (39 of 2002), the Central Government hereby
makes the following rules, further to amend the Multi-State Cooperative
Societies Rules, 2002, namely: - (1)
These rules may be called the Multi-State
Co-operative Societies (Amendment) Rules, 2023. (2)
They shall come into force on the date of
their publication in the Official Gazette. (i)
after clause (ii), the following clause shall
be inserted, namely:- (iib)
"Chairperson" means the Chairperson of the Co-operative Election Authority
established under subsection (1) of section 45;"; (ii)
after clause (v), the following clause shall
be inserted, namely:- (va)
Electronic registry means the electronic
repository or storage system set up by the Central Government under rule
37D;"; (iii)
for clause (xiii), the following shall be
substituted, namely: - "(xiii)
words and expressions used and not defined in these rules, but defined in the
Act, the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits
and Services) Act, 2016 (18 of 2016) and the Information Technology Act, 2000
(21 of 2000) or under any rules, notifications, or directions issued under
those Acts, shall have the same meanings respectively assigned to them in those
Acts.". "Chapter
2A PRUDENTIAL
NORMS FOR MULTI-STATE CO-OPERATIVE SOCIETIES 11A.
Prudential norms.- (1)
Multi-State co-operative societies in the
thrift and credit business shall be categorised on the basis of their deposits
into following categories- (a)
micro; (b)
small; (c)
medium; and (d)
large. (2)
Prudential norms for different categories of
societies referred to in sub-rule (1) may be notified by the Central
Government, which includes- (a)
minimum aggregate value of paid-up capital
and authorised share capital required for commencement of business in case of
new registration; (b)
categorisation of capital into various tiers
and limits for each tier; (c)
capital adequacy ratio and risk weightage of
different items; (d)
requirement of buffers for liquidity
management; (e)
exposure limits in case of individual or
group borrowers, aggregate borrowers and sectoral borrowers; (f)
norms for branch expansion; and (g)
disclosures. 11B.
Restrictions on grant of loans by a multi-State co-operative society.- (1)
No multi-State co-operative society shall
grant loan or make advances against the security of its own shares. (2)
The total amount of loans granted by a
multi-State co-operative society to the members of its board, including their
relatives, and outstanding against them in the aggregate shall not exceed ten
per cent. of the total amount of all the loans granted by the society and
outstanding against its members, at any time. (3)
No multi-State co-operative society shall
give, whether directly or indirectly, and whether by means of a loan,
guarantee, the provision of security or otherwise, any financial assistance for
the purpose of, or in connection with, a purchase or subscription made or to be
made, by any person of or for any shares in that multi-State cooperative
society.". "19.
Composition of Selection Committee.- (1)
The Chairperson of the Authority, the
Vice-Chairperson and every Member thereof shall be appointed by the Central
Government on the recommendations of a Selection Committee consisting of - (a)
Secretary, Ministry of Cooperation, -
Chairperson, ex officio; (b)
Central Registrar, Member, ex officio; (c)
Additional Secretary, Ministry of Law and
Justice, Department of Legal Affairs, Member, ex officio; and (d)
two experts from the co-operative sector to
be nominated by the Minister in-charge of the Ministry of Cooperation. (2)
The Selection Committee may regulate its own
procedure for recommending the names for selection of Chairperson,
Vice-Chairperson and Members of the Authority. 19A.
Qualification and experience for appointment as Member of Authority.- No Member shall be appointed
to the Authority, unless he is a person of ability, integrity and standing who
has knowledge and experience for a period not less than ten years in the field
of co-operatives, law or public administration: Provided that at least one
Member appointed to the Authority shall be a woman. 19B.
Salaries, allowances, and conditions of service of Chairperson,
Vice-Chairperson and Members of the Authority.- (1)
The Chairperson shall receive such pay
including dearness allowance and other allowances as admissible to an
Additional Secretary to the Government of India. (2)
The Vice-Chairperson shall receive such pay
including dearness allowance and other allowances as admissible to a Joint
Secretary to the Government of India. (3)
The Members of the Authority shall receive
such pay including dearness allowance and other allowances as admissible to a
Director to the Government of India. (4)
In case of appointment of a person as
Chairperson, Vice-Chairperson or Member, who is in receipt of, or has received,
or has become entitled to receive any retirement benefits by way of pension,
the pay and allowances of such Chairperson, Vice-Chairperson or Member, as the
case may be, shall be reduced by gross amount of pension, if any, drawn or to
be drawn by him. (5)
The Chairperson while on tour or on transfer
(including the journey undertaken to join the Authority or on the expiry of his
term with the Authority proceeds to his hometown) shall be entitled to the
travelling allowances, daily allowances, transportation of personal effects and
other similar allowances admissible for an Additional Secretary to the
Government of India. (6)
The Vice-Chairperson, while on tour or on
transfer (including the journey undertaken to join the Authority or on the
expiry of his term with the Authority proceeds to his hometown) shall be
entitled to the travelling allowances, daily allowances, transportation of
personal effects and other similar allowances admissible for a Joint Secretary
to the Government of India. (7)
A Member, while on tour or on transfer
(including the journey undertaken to join the Authority or on the expiry of his
term with the Authority proceeds to his hometown) shall be entitled to the
travelling allowances, daily allowances, transportation of personal effects and
other similar allowances admissible for a Director to the Government of India. (8)
The Chairperson, Vice-Chairperson and Members
shall not be entitled to government accommodation, but shall be entitled to
House Rent Allowance applicable to the respective grade officers in the
Government of India. (9)
The Chairperson, Vice-Chairperson and Members
are not entitled for any sitting fee for attending the meetings of the
Authority. (10)
If the conditions of service of the
Chairperson, Vice-Chairperson and Members of the Authority under these rules do
not provide for any express provision regarding any specific issue, then the
same shall be referred to the Central Government for its decision in each case,
and the decision of the Central Government thereon shall be final. 19C.
Powers and functions of Chairperson.- (1)
The Chairperson shall be the administrative
head of the Authority and shall have all the administrative and financial
powers. (2)
The Chairperson shall have powers of general
superintendence and directions in the conduct of the affairs of the Authority. (3)
The Chairperson shall preside over the
meetings of the Authority. (4)
The Chairperson shall fix the date, time and
place of meetings of the Authority and approve the items of agenda for the
meetings. (5)
If meetings of the Authority are to be held
in a location other than its Head Office, it shall be at the discretion of the
Chairperson. (6)
The Chairperson may include any additional
item in the agenda of the meeting, which was not included in the agenda of the
meeting for consideration by the Authority. (7)
The Chairperson may grant leave of absence to
the Members of the Authority upon advance application by the Members seeking
such leave. 19D.
Procedure of inquiry against Chairperson, Vice-Chairperson and Members of
Co-operative Election Authority.- (1)
The Chairperson, Vice-Chairperson or a Member
of the Authority shall be removed from office by an order of the Central
Government, on the grounds specified in section 45B, after conducting an
inquiry as required under sub-section (2) of section 45B. (2)
For holding an inquiry under sub-section (2)
of section 45B, the Central Government shall issue a notice to the Chairperson,
Vice-Chairperson or a Member, as the case may be, why an inquiry should not be
conducted and specifying the reasons and grounds for such inquiry and requiring
him to submit his response on the grounds within such period as may be
specified in the notice (being not less than fourteen days from the date of
service thereof). (3)
After considering the response, if any,
submitted by such person, if the Central Government is of the opinion that an
inquiry should be held, the Central Government shall appoint an Inquiry Officer
who shall issue a notice fixing a date for the appearance of that person either
personally or other authorised representative. (4)
On the date fixed for appearance, the Inquiry
Officer shall explain the person concerned to proceeded about the ground
invoked against him. (5)
The Inquiry Officer shall give an opportunity
to such person to produce documents or evidence as he may consider relevant to
the inquiry and if necessary and the hearing may be adjourned to a future date
and in taking such evidence the Inquiry Officer shall not be bound to observe
the procedures provided under the provisions of the Indian Evidence Act, 1872
(1 of 1872): Provided that the notice and
the personal hearing may be waived at the request of the person concerned. Provided further that while
holding an inquiry under this rule, the Inquiry Officer shall have the power to
summon and enforce the attendance of any person acquainted with the facts and circumstances
of the case to give evidence or to produce any document which, in the opinion
of the Inquiry Officer, may be useful for or relevant to, the subject-matter of
the inquiry and if any person fails, neglects, or refuses to appear before the
Inquiry Officer, the Inquiry Officer may proceed with the inquiry in the
absence of such person after recording the reasons for doing so. (6)
The inquiry shall be completed within a
period of six months from the date of issue of notice by the Inquiry Officer
and the report on the findings of the inquiry shall be submitted to the Central
Government. 19E.
Meetings of Authority.- (1)
The Authority shall meet, as often as may be
necessary, to transact its business. (2)
The Authority shall determine its own
procedure for holding the meetings and distribution of work amongst themselves. (3)
The quorum for meetings of the Authority
shall not be less than three members, including the Chairperson and
Vice-Chairperson. (4)
In case of any vacancy, the quorum may be
proportionately reduced, with the approval of the Central Government. 19F.
Powers and functions of Co-operative Election Authority.- In order to conduct the
elections to the cooperative societies, the Authority shall have the following
powers, namely :- (a)
to appoint any person from a panel prepared
for the purpose, including an officer or employee, serving or retired, of any
multi- State co-operative society, the State Government or the Central
Government on any post with such designation and duties, for the purpose of
conducting the elections, including the Observers, Returning Officers and
Assistant Returning Officers: Provided that, such officer
or employee shall work under the general superintendence and control of the
Authority for the purposes of election; (b)
to requisition any premises, vehicles,
services, information, documents, personnel, funds, expenses, materials, or any
other assistance from the multi-State co-operative society whose election is
being conducted, as he may deem necessary and on service of such requisition, it
shall be obligatory on the multi-State co-operative society to whom such
requisition is made, to forthwith hand over the possession of premises,
vehicles or any other material, or provide any such assistance, as the case may
be, to the Authority or any person authorised by them on that behalf; (c)
to provide and enforce the code of conduct on
the multi-State co-operative society whose election is being conducted, to be
implemented in the area of operation of the multi-State co-operative society
according to the nature of business or class of societies; (d)
to appoint Observers, who shall be appointed
to supervise elections and discharge such other functions referred to in rule
20A; and (e)
to issue such other special or general orders
or directions for fair and free elections, which shall not be inconsistent with
the provisions of the Act. 19G.
Procedure for conduct of elections.- (1)
The election of members of the board shall be
conducted by a Returning Officer, to be appointed by the Authority and the
Returning Officer so appointed shall not be a member or an employee of the
multi-State co-operative society: Provided, that the Authority
may also appoint one or more persons to be called as the Assistant Returning
Officer to assist the Returning Officer, for the conduct of the election to the
society. (2)
Every Assistant Returning Officer, shall,
subject to the control of the Returning Officer and general control of the
Authority, be competent to perform all or any of the functions of the Returning
Officer: Provided that, no Assistant
Returning Officer shall perform the functions of the Returning Officer relating
to the scrutiny of nominations unless the Returning Officer is unavoidably
prevented from performing the said function. 19H.
Procedure for conduct of election to the board of multi-State co-operative
societies.- (1)
The Chairperson and the Chief Executive of
the multi-State co-operative society shall inform the Authority at least six
months before the expiry of the term of the board, to conduct elections within
time and a copy of the information shall also be sent to the Central Registrar. (2)
Within a period of one month from the date of
receipt of such information under sub-rule (1), the Authority shall notify the
election programme, including the election to the members of the Board and
subsequent elections to the posts of office bearers of the multi-State
co-operative society and such programme shall include the date of the general
meeting wherein elections shall be held: Provided that the provisions
of this sub-rule shall also apply to multi-State co-operative societies under
the control of the administrator appointed under sub-section (1) of section
123. Provided further that an
administrator appointed under sub-section (1) of section 123 shall perform the
functions of the board in respect of the society to which he has been appointed
as administrator. (3)
The Authority shall appoint a Returning
Officer to conduct the elections in respect of the societies referred to in
this rule. (4)
The Returning Officer appointed under rule
(3) shall send intimation regarding date, time and place of the general meeting
to each of the members of the multi-State co-operative society and the
Returning Officer may also send such intimation electronically, wherever
possible. (5)
Where other co-operative societies or
multi-State co-operative societies are members, the Returning Officer shall
call on such societies to send the name of their Chairperson or President or
the Chief Executive or a duly authorised member of the board of such
co-operative society or other multi-State co-operative society as
representative (hereinafter referred to as the delegate) in accordance with the
provisions contained in sub-section (3) of section 38 together with the
resolution of the board of the society and the specimen signature of the
Chairperson or President or the Chief Executive or duly authorised member of
the board, duly attested and bearing the seal of the society so as to reach him
at least twenty-one clear days prior to the date fixed for the general meeting. (6)
Where there is no board of such co-operative
society or other multi-State cooperative society, the administrator, or duly
authorised administrator, if there are more than one administrators, by
whatever name called, shall intimate the Returning Officer in writing under his
signature at least twenty-one clear days prior to the date fixed for the
general meeting that he or the Chief Executive shall represent such society in
the general meeting and where no such resolution or communication intimating
the name of the delegate is received by the date fixed or where any intimation
changing the name of the delegate is received after such date, it shall not be
accepted for inclusion in the list of members or delegates of member-societies. (7)
Fresh resolution shall be required for every
general meeting at which election shall be held. (8)
It shall be the duty of the board of
directors in office, or the administrator, as the case may be, to bring up to
date the register of members and such other registers, as the Returning Officer
may require and hand over such records, register or registers to the Returning
Officer thirty days prior to the date fixed for the general meeting for the
purpose of conducting the election. (9)
The election shall be held at a general
meeting of the society convened for the purpose, of which not less than
fourteen days prior notice shall be given to the members. (10)
For the conduct of elections, the Returning
Officer shall preside over the meeting, under the supervision of the Authority. (11)
Notice for holding the general meeting shall
also be affixed on the notice board of the Multi-State Cooperative Society and
its branches, if any, and the notice shall contain the following information,
namely:- (a)
the number of vacancies to be filled by
election; (b)
the area of the constituency (specified in
the bye-laws) from which the members are to be elected; (c)
the qualifications, if any, specified in the
bye-laws for eligibility for membership on the board; (d)
the name of the returning officer, date,
place and hours between which nomination paper shall be filed by the members,
such date being not less than one clear day before the date fixed for election
or if that happens to be a holiday the day preceding which is not a public
holiday. Explanation.- For the
purpose of this sub-rule, the term public holiday means any day which is
declared as a public holiday under section 25 of the Negotiable Instruments Act,
1981 (26 of 1881) or any day which has been notified by the Central Government
or the State Government, as the case may be, to be a public holiday to the
offices of the Central Government or the State Government, as the case may be; (e)
the date on which and the time and place at
which the nomination papers shall be taken up for scrutiny; and (f)
the date and time of which, the place at
which and the time between which, the polling shall take place. 19I.
Preparation of list of members and delegates.- (1)
The Returning Officer shall prepare a list of
members eligible to vote as it stood on the date, thirty days prior to the date
fixed for the poll and publish copies of the list by affixing them on the
notice board at the principal place of business of the society and all its
branches, if any, not less than fifteen days prior to the date fixed for
election and the list shall specify- (a)
the admission number and name of the member,
the name of the father or husband and the address of such member in the case of
an individual member; and (b)
the admission number, the name of the
society, name of the delegate proposed to represent the society, in the case of
a member society; the admission number, the name of the society, name of the
delegate and the name of the constituency proposed to represent in the case of
a member society and the admission number, the name of the delegate and the
name of the constituency where a smaller body has been constituted under
proviso to sub-section (1) of section 38. (2)
A copy of the list shall be supplied by the
society to any member on payment of such fee as may be specified by the board
and where no fee has been specified, the person authorised as per bye-laws of
the society shall supply such list on payment of rupees ten. (3)
The Returning Officer shall also publish the
election programme, as notified by the Authority, specifying the date and time
of receipt of nominations, scrutiny of nominations, withdrawal of nominations,
the poll, if required, and declaration of results and the election programme
shall also be displayed on the notice board of the society and shall also be
published in the newspaper circulated in the area of operation of the
multi-State co-operative society at least fifteen days prior to the date of
election. 19J.
Nomination of candidates.- (1)
Nomination of the candidate for election
shall be made in Form III, which shall be supplied on request, by the Returning
Officer or any other officer authorised by him in this behalf, to any member of
the society free of cost. (2)
Every nomination form shall be signed by two
members whose names are included in the list of the members or delegates and
one of the members shall sign the Form as proposer and the other as seconder
for the nomination and the nomination Form shall also contain a declaration
signed by the candidate, expressing his willingness to contest the election. (3)
Nomination Form may be presented in person by
the candidate himself to the Returning Officer or by any person authorised by
him in this behalf, before the date and time specified for submission of
nomination Form as per the election programme and the Returning Officer or any
other officer authorised by him, who receives the nomination Form, shall enter
on the nomination Form its serial number and certify the date and time at which
the nomination Form has been received by him and shall immediately give a
written acknowledgement for the receipt of such nomination Form, which shall
also bear the seal of the society. (4)
The Returning Officer shall, at the close of
the time fixed for the receipt of nomination Forms, prepare and display on the
notice board of the society, a list of nominations received by him and any
nomination Form submitted after the date and time fixed for its receipt, shall
be rejected. (5)
No person shall be nominated as a candidate
for election to fill a seat on the board if he- (a)
is ineligible to vote; (b)
is not qualified or is disqualified to be the
member of a multi-State co-operative society or a member of the board under the
provisions of the Act and the rules made thereunder; and (c)
does not possess the necessary qualifications
specified in the bye-laws of the society for election as member of the board. 19K.
Compliance with sections 43 and 44 of the Act.- The eligibility of the
candidates for the election of members of the board and office bearers shall be
subject to the provisions contained in sections 43 and 44 of the Act. 19L.
Scrutiny of nomination papers.- (1)
On the day fixed for the scrutiny of
nomination papers,- (a)
the Returning Officer shall, at the appointed
hours, take up the scrutiny of nomination Forms and the candidate or the
proposer or seconder of each of the candidates may be present at the time and
place when nomination papers are scrutinised; (b)
the Returning Officer shall examine the
nomination Forms and shall decide all objections which may be made by any
candidate or his proposer or seconder in respect of any nomination and may,
either accept or reject any nomination: Provided that the nomination
of a candidate shall not be rejected on the ground of an incorrect description
of his name or the name of his proposer or seconder or of any other particulars
relating to the candidate or his proposer or seconder, as entered in the list
of members; if the identity of the candidate, proposer or seconder, as the case
may be, is established beyond reasonable doubt; (c)
the Returning Officer shall endorse on each
nomination Form his decision of accepting or rejecting the same, as the case
may be, and if the nomination paper is rejected, he shall record in writing a
brief statement of his reasons for such rejection; (d)
the Returning Officer shall not allow any
adjournment of the proceedings except when proceedings are interrupted or
obstructed by a riot or affray or by any other cause beyond his control; and (e)
list of valid nominations accepted by the
Returning Officer shall be published on the notice board of the society
containing the names in the alphabetical order in English and address of the
candidates as given in the nomination paper. (2)
Any candidate may withdraw his candidature by
notice in writing signed by him and delivered in person or by the person duly
authorised by him at any time after the presentation of the nomination Form,
but before the date and time specified in the election programme for such
withdrawal and the notice for withdrawal of candidature given by the candidate
shall be irrevocable. 19M.
Voting.- (1)
If for any area or constituency for which
election is to be held, the number of candidates whose nomination Forms have
been declared valid, does not exceed the number of candidates to be elected for
that area or constituency, the Returning Officer shall at the general meeting
convened for the purpose of the election, declare them to have been duly
elected to the board, with the approval of the Authority and if the number of
candidates whose nominations are valid exceeds the number of vacancies to be
elected for any area or constituency, the Returning Officer shall arrange for
conducting the poll on the date and time fixed for the purpose and the
Returning Officer may appoint as many polling officers as may be necessary for
the conduct of the poll. (2)
A candidate contesting the election, may by a
letter, in Form IV, to the Returning Officer, appoint an agent to represent him
where polling is held, to identify the voters and to watch the recording of
votes and such letter shall also contain the consent in writing of the agent
concerned. (3)
Canvassing of votes by any person at the
place where elections are to be conducted shall be prohibited. (4)
Before the commencement of the poll, the
Returning Officer shall show the empty ballot box to the persons present at the
time of commencement of the poll and shall then lock it up and affix his seal
to prevent it being opened without breaking the seal and the candidate or his
agent may also affix his own seal, if he so desires. (5)
Every member or delegate who desires to
exercise his right of vote shall be supplied with a ballot paper containing the
names of contesting candidates arranged in alphabetical order either printed,
typewritten or cyclostyled, according to convenience, on the ballot paper and
the ballot paper shall bear the seal of the society and also the initials of
the Returning Officer on the reverse of the ballot paper and contain a column,
for the voter to inscribe mark X against the name or names of the persons to
whom he intends to cast his vote. (6)
In every polling station, where there is more
than one polling booth, each such booth shall contain a separate compartment in
which the members or delegates can cast their votes in secrecy. (7)
Every member who desires to cast his votes
shall enter the polling station with an identity card, given to him by the
society; the polling officer shall identify the member by putting questions to
him with reference to the list of members or delegates eligible to vote in the
polling station, furnished to him and if the polling officer is satisfied with
the identity of the member, and if there is no objection from any candidate or
his polling agent present at the polling station, he shall issue a ballot paper
to him after obtaining signature or thumb impression of the member or delegate
on counterfoil perforated with the ballot paper and the counterfoil shall bear
the serial number and other details of the ballot paper and on receipt of such
ballot paper, the member shall proceed to the polling compartment set apart for
the purpose and indicate the person or persons in whose favour he exercises his
vote by inscribing a mark X against the name of the candidate or candidates, as
the case may be, and put the ballot paper in the ballot box kept for the
purpose with utmost secrecy: Provided that if owing to
blindness or other physical infirmity or illiteracy a member is unable to
inscribe the mark on the ballot paper, the polling officer, and where no such
polling officer is appointed, the Returning Officer shall ascertain from him
the candidate or candidates, in whose favour he desired to vote, inscribe the
mark X on his behalf and put the ballot paper in the ballot box. (8)
Every member whose name is entered in the
list of members or delegates furnished to the polling officer, shall be
eligible to cast his vote unless there is a challenge by the candidate or his
agent against his identity and if there is any such challenge about the
identity of a member or if the polling officer feels any reasonable doubt, he
shall then refer the matter to the Returning Officer, who shall make a summary
inquiry and decide the question with regard to the identity of such persons on
the basis of records of the society. (9)
The Returning Officer shall not entertain any
challenge by a candidate or his polling agent, of a members identity until the
person who challenges pays a fee of rupees five for every such vote and the
Returning Officer shall thereafter entertain the challenge and ask the member
who has come to poll the vote to affix his thumb impression or signature, as
the case may be, on a declaration describing his identity and if he refuses to
do so, the member shall not be allowed to vote and if as a result of such
summary inquiry, the identity of the member is established to the satisfaction
of the Returning Officer, the polling officer shall issue ballot paper, and the
member shall then be allowed to cast his vote and in such cases, the challenge
fees paid shall be forfeited. (10)
At the end of the poll, the Returning
Officer, shall prepare an account of challenge fees collected, fees refunded to
the persons who challenged, and the fees forfeited to the society together with
a brief note on the decision arrived at by him after the summary inquiry in
each case. (11)
If, at any stage of the polling, the
proceedings are interrupted or obstructed by any riot or affray or if at such
election it is not possible to conduct poll for any sufficient cause, the
Returning Officer shall have the power to cancel the polling, after recording
the reasons for such cancellation. (12)
No voter shall be permitted to cast his vote
after the time fixed for the polling: Provided that a voter who
enters the premises before the closure of the polling time, shall be issued the
ballot paper and be allowed to cast his vote. (13)
The counting of votes shall take place
immediately after closure of the poll and if it is not possible to count the
votes immediately, for reasons beyond the control of the Returning Officer, the
ballot box shall be sealed with the seal of the Returning Officer and of the
contesting candidates or of their agents, if they so desire, and deposited with
the society for safe custody and in such cases the Returning Officer shall then
announce, and also, intimate in writing to the candidates or their agents, the
time and place at which the counting shall commence on next day and the votes
shall be counted by or under the supervision of the Returning Officer on the
next day and every candidate and his authorised agent shall have a right to be
present at the time of counting and the absence of any candidate or his agent
at the time of counting shall not vitiate counting or announcement of results
by the Returning Officer. (14)
After the Returning Officer has completed the
counting of votes, he shall prepare a return of the results of the polling and
shall forthwith declare the results, with the prior approval of the Authority. (15)
The Returning Officer shall immediately after
the declaration of the results, record the proceedings of the election in a
report which shall form part of the records of the society and the Returning
Officer shall immediately furnish a copy of such a report together with a copy
of the return of the results of polling to the multi-State cooperative society
and the Authority. 19N.
Election of office bearers by secret ballot.- (1)
As soon as the members of the board have been
elected, the Returning Officer shall, notwithstanding anything contained in the
bye-laws of the multi-State co-operative society, convene a meeting of the
newly constituted board for the purpose of election of the President or
Chairperson, Vice President or Vice-Chairperson or other elected office bearers
of the society, by whatever name they are called, in accordance with the
directions of the Authority and such meeting shall not be conducted unless
majority of the newly elected members of the board are present, as per bye-laws
of the society. (2)
At the meeting so convened by the Returning
Officer, he shall preside over the meeting for the purpose of election of the
office bearers by secret ballot. (3)
The Returning Officer shall announce the
schedule of election of office bearers, stating the number of vacancies to be
filled by election, date, place and time between which nomination Forms may be
filled by the members; the date on which and the time and place at which the
nomination Forms shall be taken up for scrutiny; the date and time of withdrawal;
and the date on which, the place at which the polling, if required, may take
place and the Returning Officer shall intimate the schedule of election to all
the newly elected members of the board and the intending members may submit
their nomination, in Form V, to the Returning Officer at such meeting and the
Returning Officer shall decide the objections if any, which may be made at the
time, to any nomination and after making such summary inquiry, as he thinks
necessary, announce the list of valid nominations. (4)
If for any office, for which elections are to
be held, the number of nomination of candidates in respect of an office, does
not exceed the number of vacancies to be filled for that office, the candidates
who have filed valid nominations shall be deemed to have been elected for that
office and the Returning Officer shall make a declaration to that effect, with
the prior approval of the Authority and if the number nomination of candidates
in respect of an office, exceeds the number of vacancies to be filled for that
office, a poll by secret ballot shall be conducted by the Returning Officer and
he shall, thereafter, announce the number of votes secured by each candidate.. (5)
The Returning Officer shall thereafter record
the proceedings of the election of the office bearers in a report which shall
form part of the records of the society and the Returning Officer shall also
furnish a copy of such report together with a copy of the return of the
polling, to the Authority. (6)
The result of the election shall be declared
by the Returning Officer, with prior approval of the Authority. (7)
The certificate of election shall be issued
immediately by the Chief Executive of the multi-State cooperative society,
after declaration of results by the Returning Officer. 19O.
Admission to the place fixed for counting.- (1)
The Returning Officer shall exclude from
place fixed for counting of votes all persons except,- (a)
such persons as he may appoint to assist him
in the counting; (b)
persons authorised by the Returning Officer; (c)
public servants on duty in connection with
the election; and (d)
candidates. (2)
No person, who has been otherwise working for
a candidate in the election, shall be appointed under clause (a) of sub-rule
(1). (3)
Any person, who during the counting of votes
misconducts himself or fails to obey the lawful directions of the Returning
Officer, may be removed from the place where the votes are being counted by the
Returning Officer or by any police official on election duty or by any person
authorised in this behalf by the Returning Officer. 19P.
Rejection of ballot paper.- (1)
A ballot paper shall be rejected by the
Returning Officer, if,- (a)
it bears any mark or writing by which the
member who voted can be identified; or (b)
it does not bear the seal of the society or
the initial of the Returning Officer; or (c)
the mark indicating the vote thereon is
placed in such a manner as to make it doubtful to which candidate the vote has
been casted; or (d)
is so damaged or mutilated that its identity
as a genuine ballot paper cannot be established. (2)
If after the counting of the votes is
completed, an equality of votes is found to exist between any candidates and
the addition of one vote will entail any of those candidates to be declared as
elected, the Returning Officer shall forthwith decide between the candidates by
lottery and proceed as if the candidate had received an additional vote and
declare him as elected. 19Q.
Custody of record of elections conducted.- After declaration of the
result of election, the Returning Officer shall hand over the ballot papers and
records relating to the election of the members of the board and the office
bearers to the Chief Executive of the multi-State co-operative society in a
sealed cover and all the documents relating to the election shall be safely
preserved by the Chief Executive of the society for a period of six months from
the date of election or till such time a dispute regarding election, if any,
filed is disposed of, whichever is later, and shall thereafter be destroyed. 19R.
Death of candidate before poll.- If a contesting candidate
dies and a report of his death is received by the Returning Officer before the
commencement of the poll, the Returning Officer shall, upon being satisfied of
the fact of the death of candidate, countermand the poll and inform the
Authority along with the proceedings with reference to the election, and the
election shall be commenced in all respect, as if for a new election: Provided that no further
nomination shall be necessary in the case of a person who was a contesting candidate
at the time of the countermanding of the poll: Provided further that no
person who has given a notice of withdrawal of his candidature before the
countermanding of the poll shall be eligible for being nominated as a candidate
for the election after such countermanding: Provided also that no fresh
notice of withdrawal by the candidate whose nomination is accepted before the
countermanding shall be accepted by the Returning Officer for the election
after such countermanding. 19S.
Preparation of electronic voting machines for polls.- If the Authority decides to
use an electronic voting machine for the poll, it shall direct the procedure
thereof, which shall, as far as is technically feasible be in accordance with
these rules. 19T.
Election expenses.- All election related
expenditure including stationary, printing, postage, xerox, fax, rent for the
ballot boxes, indelible ink, police security and such other items of
expenditure related to the election of representatives or directors of a
multi-State co-operative society, such as preparation of electoral roll,
travelling and other allowances and remuneration payable to the Returning
Officer, Assistant Returning Officer and other polling personnel shall be borne
by the society and paid to the Authority. 19U.
Account of election expenses.- (1)
Every candidate at an election shall keep a
separate and correct account of all expenditure in connection with the election
incurred or authorised by him between the date of the order calling the
election and the date of declaration of the result thereof, both dates
inclusive within the period of thirty days from the date of declaration of the
result. (2)
The account shall contain such particulars as
may be specified from time to time in addition to the particulars referred to in
rule 19W. (3)
The total expenditure shall not exceed the
amount as may be specified by the Authority from time to time. (4)
Every contesting candidate at an election
shall lodge with the Returning Officer an account of his election expenses
within the time and in the manner specified by the Authority from time to time. 19V.
Disqualification for failure to lodge account of election expenses.- If the Authority, based on a
report from the Returning Officer, is satisfied that a person has failed to
lodge an account of election expenses within the time and in the manner
specified in rule 19U and has no good reason or justification for such failure,
the Authority shall, by order published in the Official Gazette, declare him to
be disqualified for being elected as, and for being, a member of the board of
any society, and any such person shall be disqualified for a period of three
years from the date of the order. 19W.
Particulars of account of election expenses.- (1)
The account of election expenses to be kept
by a candidate shall contain the following particulars in respect of each item
of expenditure from day to day, namely:- (a)
date on which the expenditure was incurred or
authorised; (b)
nature of the expenditure (as for example,
travelling, postage or printing etc.,); (c)
amount of the expenditure:- (i)
amount paid; (ii)
amount outstanding; (d)
date of payment; (e)
name and address of the payee ; (f)
serial number of voucher, in the case of
amount paid; (g)
serial number of bills, if any, in case of
amount outstanding; (h)
name and address of the person to whom the
amount outstanding is payable. (2)
All the vouchers shall be lodged along with
the account of election expenses, arranged according to the date of payment and
serially numbered by the candidate and such serial numbers shall be entered in
the account under item (f) of sub-rule (1). (3)
It shall not be necessary to give the
particulars mentioned in item (c) of sub-rule (1) in respect of items of
expenditure, for which vouchers have not been obtained. 19X.
Notice by Returning Officer for inspection of accounts.- The Returning Officer may,
within two days from the date on which the account of election expenses has
been lodged by a candidate, cause a notice to be affixed to his notice board,
specifying- (a)
the date on which the account has been
lodged; (b)
the name of the candidate; and (c)
the time and place at which such account may
be inspected. 19Y.
Casual vacancies how to be filled in.- (1)
In the event of casual vacancy occurring on
account of death, resignation, disqualification or removal of the member of the
board of a society or if any member becomes incapable of acting prior to the
expiry of his term of office or otherwise, subject to the conditions specified
in sub-section (5) of section 45J of the Act, the Chief Executive of the
multi-State co-operative society shall communicate such vacancies, within a
week of its occurrence, to the Authority, who shall take action to fill the
vacancies, according to the provisions of section 45J of the Act. (2)
Any person, who gets filled in the casual
vacancy as per the provisions of section 45J of the Act shall hold office for
the remainder of the period of the members of the board in whose place, such
member has been filled. 19Z.
Maintenance of secrecy of voting.- Every officer, clerk, agent,
or other person who performs any duty in connection with the recording or
counting of votes at an election shall maintain, and aid in maintaining the
secrecy of the voting and shall not (except for some purposes authorised by or
under any law) communicate to any person any information relating to such
voting." "20.
Officers, etc., at an election, not to act for candidates or to influence
voting.- (1)
No person who is a Returning Officer or an
Assistant Returning Officer or a Presiding or Polling Officer at an election,
or an officer or clerk appointed by the Returning Officer to perform any duty
in connection with an election, shall, in the conduct or the management of the
election do any act (other than the giving of vote, if eligible as member) for
the furtherance of the prospects of the election of a candidate. (2)
No such person as aforesaid, and no member of
a Police Force, shall- (a)
persuade any person to give his vote at an
election; (b)
dissuade any person from giving his vote at
an election; or (c)
influence the voting of any person at an
election in any manner. 20A.
Functions of Observers.- The functions of observers
appointed by the Authority shall be to supervise the entire election process,
and give directions to the Returning Officer and other officers, subject to the
general control and superintendence of the Authority, to ensure the smooth and
fair conduct of elections of a multi-State co-operative society. 20B.
Directions by the Co-operative Election Authority.- Subject to the provisions of
the Act and the rules made thereunder, the Co-operative Election Authority may
issue directions from time to time, as may be necessary for the conduct of free
and fair elections and the Board, members, Chief Executive and staff of the
multi-State co-operative society shall comply with such directions issued by
the Authority.". "25.
The Co-operative Education Fund.- (1)
Every multi-State cooperative society shall
credit a sum calculated at one per cent. of its net profits every year as
contribution, within six months from the closing of the relevant financial
year, towards the account of the Co-operative Education Fund, maintained by the
Central Government. (2)
The Co-operative Education Fund shall be
maintained and administered by a Committee constituted by the Central
Government, consisting of the following members, namely:- (a)
The Secretary, Ministry of Co-operation -
Chairperson; (b)
The Central Registrar - Member; (c)
The Financial Adviser to the Ministry of
Co-operation - Member; (d)
Two representatives of multi-State
co-operative societies to be nominated by the Central Government on rotation
basis for every two years - Members; (e)
The Secretary, National Council of
Co-operative Training, New Delhi- Member; (f)
The Chief Executive Officer, National
Co-operative Union of India Limited, New Delhi – Member (g)
The Director, Vaikunth Mehta National
Institute of Co-operative Management, Pune - Member; and (h)
Representative from National Co-operative
University. (3)
The Central Government shall maintain the Co-operative
Education Fund in a separate account, and all income by way of interest or
otherwise accruing from the contribution towards the fund, shall be credited to
the Fund. (4)
No expenditure out of the Co-operative
Education Fund shall be incurred without the approval of the Committee
constituted under sub-rule (2). (5)
The balance standing in the Co-operative
Education Fund maintained by the National Co-operative Union of India Ltd.,
shall be transferred by the Chief Executive Officer of the National Co-operative
Union of India to the Co-operative Education Fund maintained by the Central
Government on the date of the notification of these rules. (6)
Subject to such directions as the Committee
may give from time to time, the Co-operative Education Fund may be utilised for
any of the following purposes, namely:- (a)
education of the members, directors including
office-bearers and employees of multi-State co-operative societies and the
general public in the principles and practice of co-operation; (b)
human resource development in multi-State
co-operative societies; (c)
development of multi-State co-operative
societies; (d)
capacity building and business management; (e)
professionalisation; (f)
technical upgradation; (g)
education, training, national co-operative
database, research, manpower and power and related infrastructure; (h)
research and development; (i)
development of the co-operative movement in
general; (j)
co-operative awareness and publicity; (k)
publication of books and journals relating to
the cooperative movement; (l)
conduct of research, case studies and
education in the field of co-operative movement; (m)
award of prize, or honorarium for rendering
meritorious service to the cause of the multi-State cooperative movement; and (n)
any other purpose as may be determined by the
Central Government for strengthening the co-operative movement.". CHAPTER
5A CO-OPERATIVE
OMBUDSMAN 30A.
Appointment and Jurisdiction of Ombudsman.- (1)
The Central Government may appoint one or
more Co-operative Ombudsmen, to carry out the functions entrusted to such
Ombudsman under provisions of the Act and the Central Government shall notify
the territorial jurisdiction of each Ombudsman so appointed. (2)
The Ombudsman shall be an individual having
professional experience of minimum ten years, a postgraduate degree from any
recognised University in India or equivalent, and special knowledge or
experience in co-operative management, banking, accountancy, law, public administration
or a serving or retired judicial officer not below the rank of District Judge
or a serving or retired officer of the Central or State Government, not below
the rank of Director. (3)
The Ombudsman shall receive such pay
including the dearness allowance and other allowances admissible to a Director
in the Government of India. (4)
In the case of an appointment of a person who
is in receipt of, or has received, or has become entitled to receive any
retirement benefits by way of pension, the pay and allowances of such person
shall be reduced by gross amount of pension, if any, drawn or to be drawn by
him. (5)
An Ombudsman, while on tour or on transfer
(including the journey undertaken to join the office or on the expiry of his
term with the office proceeds to his hometown) shall be entitled to the
travelling allowances, daily allowances, transportation of personal effects at
the same scale and at the same rate as are applicable for a Director to the
Government of India. (6)
The Ombudsman shall not be entitled to government
accommodation but shall be eligible to draw the house rent allowance applicable
for a Director to the Government of India. (7)
For multi-State Co-operative Society Banks,
the Ombudsmen shall be appointed by the Reserve Bank of India. 30B.
Tenure of Ombudsman.- The term of office of the
Ombudsman shall be three years from the date on which he enter office or till
he attains the age of seventy years, whichever is earlier, and he shall be
eligible for reappointment for one more term. 30C.
Office of Ombudsman.- The office of the Ombudsman
shall be at such place as may be notified by the Central Government. 30D.
Officers and staff.- The Central Government may
provide such officers and staff to the Ombudsman, as it may think necessary for
the discharge of functions by the Ombudsman. 30E.
Complaints or appeals that may be considered by the Ombudsman.- The Ombudsman shall consider
the following categories of complaints or appeals, from members, as the case
may be- (a)
complaints by members regarding their deposits,
equitable benefits of the multi-State co-operative societys functioning; and
any other issue affecting such members individual rights, under subsection (1)
of section 85A; and (b)
appeals preferred under sub-section (4) of
section 106, by members against the order passed by the Co-operative
Information officer: Provided that any dispute
which is the subject matter of any past or ongoing arbitration proceedings
under section 84, or any other pending or settled proceedings shall stand
excluded from the jurisdiction of the Ombudsman. 30F.
Nature of complainant or appellant before the Ombudsman.- An aggrieved member of a
multi-State co-operative society may file a complaint or prefer an appeal, as
the case may be, before the Ombudsman either personally or through an
authorised representative: Provided that for the
purposes of this rule and the filing of a complaint or an appeal before the
Ombudsman, the "authorised representative" shall not include an
advocate. 30G.
Non-maintainability of complaint or appeal.- (1)
A complaint or an appeal, as the case may be,
shall not lie unless the following conditions are fulfilled- (a)
in an appeal under sub-section (4) of section
106 of the Act, the appeal shall be filed within a period of one month from the
date of such order being challenged; (b)
in a complaint under sub-section (1) of
section 85A of the Act- (A)
the complainant had, before approaching the
Ombudsman made a written representation on the issue to the multi-State
co-operative society, and if- (i)
such representation was rejected; (ii)
no reply was received within a period of one
month after submitting the representation; or (iii)
the complainant is not satisfied with such
reply. (B)
the complaint is filed not later than one
month after the complainant has received the reply of the multi-State
co-operative society or, where no reply is received, not later than two months
after such representation was made; (c)
the complaint or appeal is not abusive or
frivolous or vexatious in nature; and (d)
the complainant or appellant provides
complete information required for disposal of the complaint. (2)
No complaint shall be made or no appeal shall
be preferred, as the case may be, to the Ombudsman on an issue which- (a)
has been or is the subject matter of any
proceeding in an appeal, revision, reference or writ, before any Authority,
Tribunal, Court, or Central Registrar; (b)
has been or is the subject matter of any
arbitral proceeding under section 84; or (c)
is in respect of the same subject matter
which was settled through the Ombudsman in any previous proceedings, whether or
not received from the same complainant or appellant, or along with any one or
more complainants or appellants, or any one or more of the parties concerned
with the subject matter. 30H.
Form and manner of complaint or appeal.- (1)
A complaint by a member to the Ombudsman may
be submitted through the physical or electronic mode (including a written
complaint) or through an online portal designed for this purpose and notified
by the Central Government. (2)
A complaint shall be submitted in Form VI
annexed to these rules. (3)
An appeal shall be submitted in Form VII
annexed to these rules. 30-I.
Procedure for handling complaints and appeals by Ombudsman.- The Ombudsman shall deal
with the complaints and appeals, which were brought before him, in the
following manner, namely:- (a)
the Ombudsman shall endeavour to follow the
principles of natural justice, as far as is practicable, including providing a
copy of the complaint or appeal, as the case may be, to the multi-State
cooperative society, and providing such multi-State co-operative society an
opportunity of being heard or responded; (b)
if no such response is forthcoming from the
multi-State co-operative society, the Ombudsman shall proceed to decide the
complaint or appeal, as the case may be, on the basis of the information
available before him; and (c)
the Ombudsman shall complete the process of
inquiry and adjudicate the complaint or appeal within a period of three months,
from the date of receipt of the complaint or appeal, as the case may be, by a
speaking order. 30J.
Appeal to the Central Registrar.- (1)
An appeal may be filed against the directions
of the Ombudsman before the Central Registrar under sub-section (3) of section
85A in Form VIII annexed to these rules, within one month from the date of the
order of the Ombudsman. (2)
The Central Registrar may, after giving the
parties a reasonable opportunity of being heard, within a period of forty-five
days, from the date of filing of appeal may- (a)
dismiss the appeal; or (b)
allow the appeal and set aside the directions
passed by the Ombudsman; or (c)
remand the matter to the Ombudsman for fresh
disposal in accordance with such directions as the Central Registrar may
consider necessary or proper; or (d)
modify the directions of the Ombudsman and
pass such directions as may be necessary to give effect to the directions of
the Ombudsman so modified; or (e)
pass any other decision as he may be deem fit
and proper in the circumstances of the case. (3)
The decision of the Central Registrar passed
under sub-rule (2) shall be final and binding on all the parties.". "APPLICATION TO THE CO-OPERATIVE
INFORMATION OFFICER" 35.
Manner of application to the Co-operative Information Officer under sub-section
(2) of section 106.- (1)
A member who desires to obtain information
under sub-section (1) of section 106 of the Act, shall make an application in
writing or through electronic means to the Co-operative Information Officer in
Form IX annexed to these rules. (2)
A member making an application under sub-rule
(1) shall not be required to give any reason for requesting the information or
any other personal details, except those that may be necessary for contacting
him. (3)
The application fee, other charges for
supplying the information and manner of payment shall be such as prescribed
under the provisions of the Right to Information (Regulation of Fee and Cost)
Rules, 2005.". "CHAPTER
8A NATIONAL
CO-OPERATIVE SOCIETIES 35A.
Designation of National Co-operative Society.- (1)
Subject to the provisions of section 116 of
the Act, the Central Government may designate a multi-State co-operative
society as a National Co-operative Society and the Central Government shall
consider the following before such designation- (a)
The area of operation of such society extends
to the whole of India; and (b)
Member co-operative societies admitted in the
said society represents all the States and Union territories. (2)
A multi-State co-operative society designated
as a National Co-operative Society under Second Schedule to the Act shall
comply with the provisions of sub-rule (1), within six months from the date of
publication of these rules. (3)
A National Co-operative Society shall, in
accordance with the provisions of section 120 of the Act, file returns with the
Central Registrar, providing the details that - (a)
it has complied with the provisions of
sub-rule (1); (b)
it has complied with functions of federal
co-operatives under section 24 of the Act; (c)
it has taken steps for strengthening the
cooperative movement in the country and deepening its reach to the grassroots
in its area of work; and (d)
the promotion of cooperative-based economic
development model in its area of work, including the spirit of responsibility
among its members to develop the country. 35B.
Omission of National Co-operative Societies from Second Schedule.- Subject to provisions of
section 116 of the Act, the Central Government may omit a National Co-operative
Society from the Second Schedule of the Act, if it fails to comply with
provisions of sub-rule (1) of rule 35A of these rules or on the ground of being
non-functional.". "37A.
Recruitment of employees in Co-operative Societies.- The recruitment of employees
at various levels would be carried out through a transparent, objective and
adequately publicised competitive process as per the educational and experience
criteria specified in the bye-laws of the society. 37B.
Qualifications for Chief Executive of non-credit multi-State co-operative
societies.- The person to be appointed
as Chief Executive of a non-credit multi-State co-operative society shall
satisfy the following criteria, namely:- (a)
shall be a graduate or have a diploma or
equivalent in co-operative business management, agri-business management, dairy
sector management, fisheries management, finance, chartered accountancy, cost
accountancy, law, commerce, science, humanities, technology or any other
relevant discipline; and (b)
at least three years work experience in the
co-operative sector: Provided that a person with
less than three years work experience may be appointed by a special resolution
passed by three-fourth of the board members, in which case the explanatory
statement annexed to the notice for such motion shall indicate the
justification for appointing such person. 37C.
Recovery of proceeds under sub-section (6) of section 104.- (1)
The competent court while passing an order
under sub-section (6) of section 104 shall record the amount of unlawful gains made
by the board of directors or officers of the multi-State co-operative society,
jointly or severally, and from whom such unlawful gains shall be payable. (2)
A copy of the order referred to in sub-rule
(1) shall be sent to the Central Registrar by the competent court referred to
in sub-section (1) of section 105. (3)
Amount referred to in sub-rule (1) shall be
treated as sums due under section 98 and shall be recovered accordingly. (4)
The amount recovered as unlawful gains under
sub-section (6) of section 104 shall be deposited in the Co-operative
Rehabilitation, Reconstruction and Development Fund established under
sub-section (1) of section 63A. 37D.
Creation of electronic registry, database or portal by Central Government.- The Central Government may
set up and maintain a secure electronic registry, database or portal in which
all applications, returns, reports, statement of accounts, registers, byelaws,
or any other particulars or documents and returns required to be filed under
the Act or the rules made thereunder, are electronically stored. 37E.
Manner of filing documents electronically under Act and rules made thereunder.-
(1)
Every application, communication, document,
intimation, notice, return, report, statement of account, or any other
particulars or document as may be required to be filed or delivered or served
under this Act or the rules made thereunder shall be filed or delivered or
served in computer readable electronic form, in portable document format (PDF)
or in such other format as decided by the Central Registrar in respect of such
application or form or document or declaration, to the Central Registrar
through the portal maintained by the Central Government. (2)
Any correspondences (physically or
electronically) and documents to be filed by any person shall contain the name,
designation, address, membership number of the person signing such document and
make sure correctness thereof and in no case, correspondences, merely with
signature and writing authorized signatory shall be acceptable. 37F.
Electronic maintenance, registration, and authentication of documents under Act
and rules made thereunder.- (1)
Every application, return, reports, statement
of accounts, registers, bye-laws or any other particulars or document as may be
required to be filed or delivered under the Act or the rules made thereunder
shall be maintained by the Central Registrar in electronic form, and if
required to be registered or authenticated, as the case may be by the Central
Registrar under the Act or rules made thereunder, shall be registered or
authenticated through affixing an electronic signature; or by an electronic
signature certificate, consistent with the provisions of the Information
Technology Act, 2000, the Aadhaar (Targeted. Delivery of Financial and Other
Subsidies, Benefits and Services) Act, 2016, and such other laws as may be
applicable, including any rules, regulations, guidelines, notifications, or
circulars made under those legislations. (2)
For the authentication of electronic
signatures referred to in sub-rule (1), the procedure laid down under the
Information Technology Act, 2000, and other relevant laws, including any rules,
regulations, guidelines, notifications, or circulars issued thereunder, shall
be applicable. 37G.
Electronic issuance of documents and communication by Central Registrar under
section 120A.- (1)
The Central Registrar shall perform duties or
discharge functions or exercise powers under the Act or the rules made
thereunder or do any act which is to be performed or discharged or exercised or
done by the Central Registrar, as the case may be, in the electronic mode. (2)
Where the Central Registrar is not able to
issue any certificate, receipt, endorsement, acknowledgement or approval or any
other document or communication under the Act or the rules thereunder in
electronic mode, for reasons to be recorded in writing, he may issue the same
in physical form under manual signature affixing seal of his office. (3)
The Central Registrar may send any document,
notice or any communication or intimation, as may be required to be served or
delivered under the Act or the rules made thereunder, to the multi-State
co-operative society, its authorised representatives or board of directors or
both, in the electronic manner. (4)
Every multi-State co-operative society shall
create and maintain at all times a valid electronic address, including an
e-mail, user identifications capable of receiving and acknowledging receipt of
such document, certificate, notice or other communication, automated or
otherwise, and inform any changes in such electronic address to the Central
Registrar within fifteen days of such change.". "FORM
III [See
rule 19J] NOMINATION
FORM FOR ELECTIONS OF BOARD OF DIRECTORS (1)
Name of the multi-State co-operative society: (2)
Society and Address: (3)
Name of the candidate in case of an
Individual member or name of the delegate and the member cooperative Society or
multi-State cooperative society which he is representing: (4)
Serial no. in the register of members: (5)
Fathers/Mothers or spouses name (in case of
individual member): (6)
Address: (7)
Name of the proposer in case the proposer is
an individual member and the name of the society and the delegate in the case
proposer is a delegate of a society: (8)
Serial no. of the proposer in the Register of
members: (9)
Signature of the proposer: (10)
Name of the seconder when the seconder is an
individual member and name of the society: (11)
Serial no. of the seconder in the register of
members: (12)
Signature of the seconder: CANDIDATES
DECLARATION I.....................s/o
..................... Member No..................... of .....................
society hereby declare that I am willing to stand for election and that, to the
best of my knowledge and belief I am qualified and have not incurred any
disqualification for membership of the board of ______________ multi-State
cooperative society in terms of the Act, the rules made thereunder and the
bye-laws of the multi-State cooperative society. (Signature of the candidate) ENDORSEMENT BY THE RETURNING
OFFICER This nomination Form was
presented to me in person by ___________/ received by registered post on _____
at _____ hrs. Place _________ Date _________ Signature of Returning
Officer Or person authorised by him.". "FORM
IV [See
rule 19M] APPLICATION
FOR APPOINTING ELECTION AGENT I, ____________________ name
of father/mother/spouse ________________member of _____________ (name of the
society) contesting for election of members of board of directors/office
bearers do hereby nominate the following person as my election agent/counting
agent in the election _____________(name of the society) to be held on
_____________(specify the date). Name of the Agent: I.D/AAdhaar
No................. Counter signature of the
Agent. Name and Signature of the
candidate". "FORM
V [See
rule 19N] NOMINATION
FORM FOR ELECTION OF OFFICE BEARERS (1)
Name of the multi-State co-operative and
Address: (2)
Offer for which contesting: (3)
Name of the candidate in case of an
Individual member or name of the delegate and the member cooperative Society or
multi-state cooperative society which he is representing: (4)
Serial no. in the register of members: (5)
Fathers/Mothers/Spouses name (in case of
individual member): (6)
Address: (7)
Name of the proposer in case the proposer is
an individual member and the name of the society and the delegate in the case
proposer is a delegate of a society: (8)
Serial no. of the proposer in the Register of
members: (9)
Signature of the proposer: (10)
Name of the seconder when the seconder is an
individual member and name of the society: (11)
Serial no. of the seconder in the register of
members: (12)
Signature of the seconder: CANDIDATES
DECLARATION I................. s/o
.................................. Member No................. of
................. society hereby declare that I am willing to stand for
election and that, to the best of my knowledge and belief I am qualified and
have not incurred any disqualification for membership of the board of
______________ multi-State cooperative society in terms of the Act, the rules
made thereunder and the bye-laws of the multi-State cooperative society. (Signature of the candidate) ENDORSEMENT BY THE RETURNING
OFFICER This nomination Form was
presented to me in person by ___________/ received by registered post on _____
at _____ hrs. Place _________ Date _________ Signature of Returning
Officer or person authorised by him. FORM
VI [See
rule 30H (2)] FORM
OF COMPLAINT (TO
BE FILLED UP BY THE COMPLAINANT) [All
fields are mandatory except wherever indicated otherwise] To The Co-operative Ombudsman Madam/Sir, Sub: Complaint against
........................... (Name of the multi-State co-operative society) (1)
Name of the complainant: (2)
Age (years): (3)
Gender: (4)
Full address of the complainant: Pin Code: Phone No. (if available): Mobile Number: E-mail (if available): (5)
Complaint against: (Name and full address of
the multi-State co-operative society) (6)
Membership number, or relevant details
relating to membership: (7)
Mode of filing: Through portal/in physical
form/electronically (Please tick the appropriate option) (8)
(a) Date and details of complaint already
made by the complainant to the multi-State co-operative society: (Please
enclose a copy of the complaint) (b) Whether such complaint
was rejected or no reply was received within one month from the date of such
complaint or whether the complainant is not satisfied with the reply of the
multi-state co-operative society? (c) Whether the complaint
has been made not later than one month after the reply of the multi-state
co-operative society; or where no reply is received, not later than two months
from the date of making the complaint to such society? (9)
Please tick the relevant box (Yes/No): Whether your complaint: is sub-judice before any
Authority, Tribunal, Court, or the Central Registrar or is the subject matter
of arbitration under section 84? Yes/No is in respect of the same
subject matter which was settled through the Ombudsman in any previous
proceedings, whether or not instituted by the same complainant, or along with
any one or more complainants, or any one or more of the parties concerned with
the subject matter? Yes/No is made through an
authorised representative? Yes/No 10. Details of the complaint: (10)
Relief sought from the Ombudsman: (Please
enclose a copy of documentary proof, if any, in support of your claim) (11)
List of documents enclosed: Declaration (i)
I, _________________s/o__________________,
the complainant herein declares that- (a)
the information furnished above is true and
correct; and (b)
I have not concealed or misrepresented any
fact stated above and the documents submitted herewith. (ii)
(a) Where a response from the multi-State
co-operative society has been received: The complaint is filed before the
expiry of one month after receiving the reply of the multi-State co-operative
society; (b) Where a response from
the multi-State co-operative society has not been received: The complaint is
filed before the expiry of two months after the representation to the
multi-State co-operative society was made. Yours faithfully (Signature of the
Complainant/Authorised Representative) AUTHORISATION If the complainant wants to
authorise a representative to appear and make submission on her/his behalf
before the Ombudsman, the following declaration shall be submitted:- I ..................,
s/o.................. the complainant hereby nominate
Shri/Smt.................................... as my authorised representative
whose contact details are as below: Full Address: Pin Code: Phone No: Mobile Number: E-mail: Yours faithfully, (Signature of the
Complainant) FORM
VII [See
rule 30H (3)] FORM
OFAPPEALAGAINST DECISION OFTHE CO-OPERATIVE INFORMATION OFFICER [All
fields are mandatory except wherever indicated otherwise] To The Co-operative Ombudsman Madam/Sir, Sub: Appeal against
.........................(Name of the multi-State co-operative society) Details of the appeal: (1)
Name of the appellant: (2)
Age (years): (3)
Gender: (4)
Full address of the appellant: Pin Code: Phone No. (if available): Mobile Number: E-mail (if available): (5)
Appealed against: (Name and full address of
the multi-State co-operative society) (6)
Membership number, or relevant details
relating to membership: (7)
Mode of filing: Through portal/in physical
form/electronically (Please tick the appropriate option) (8)
(a) Date and details of application by the
appellant to the Co-operative Information Officer: (Please enclose a copy of
the complaint) (b) Whether the requisite
information has or has not been received from the Co-operative Information
Officer within the period of thirty days from the date of receipt of
application, as indicated under sub-section (3) of Section 106 of the Act? Yes/No
(please enclose a copy of the reply) (9)
Please tick the relevant box (Yes/No): Whether your appeal: is made through an
authorised representative? Yes/No has already been dealt with
or is under process on the same ground with the Ombudsman? Yes/No (10)
Details of the appeal: (11)
Relief sought from the Ombudsman in this
appeal: (12)
List of documents enclosed: Declaration (i)
I,
.........................s/o.........................the appellant herein
declare that- (a)
the information furnished above is true and
correct; and (b)
I have not concealed or misrepresented any
fact stated above and the documents submitted herewith. (ii)
The appeal is filed before the expiry of one
month from the date of the orders of the Co-operative Information Officer, in
accordance within the time-period provided under sub-section (4) of section
106. Yours faithfully (Signature of the
Appellant/Authorised Representative) AUTHORISATION If the complainant wants to
authorise a representative to appear and make submission on her/his behalf
before the Ombudsman, the following declaration shall be submitted:- I ....................... ,
s/o....................... the complainant hereby nominate
Shri/Smt....................... as my authorised representative whose contact
details are as below: Full Address: Pin Code: Phone No: Mobile Number: E-mail: Yours faithfully, (Signature of the Appellant) FORM
VIII [See
rule 30J (1)] FORM
OF APPEAL BEFORE THE CENTRAL REGISTRAR [All
fields are mandatory except wherever indicated otherwise] To The Central Registrar Madam/Sir, Sub: Appeal against decision
of the Co-operative Ombudsman dated ....................by.................... (Name of the appellant) Details of the appeal: (1)
Name of the appellant: (2)
Full address of the appellant: Phone No. (if available): E-mail (if available): (3)
Appeal against: (Details of the directions
passed by the Co-operative Ombudsman, with date and other particulars) (4)
Mode of filing: Through portal/in physical
form/electronically (Please tick the appropriate option) (5)
Details of the appeal: (6)
(a) Date and details of original complaint
made to the Ombudsman: (Please enclose a copy of the original complaint, along
with all relevant documents) (b) Details of directions
passed by the Ombudsman: (Please enclose a copy of the direction(s) passed by
the Ombudsman, along with copies of all relevant documents) (7)
Please tick the relevant box (Yes/No): Whether your appeal is made
through an authorised representative? Yes/No (8)
Relief sought from the Central Registrar, in
appeal: (Please enclose a copy of all documentary proofs, if any, in support of
your appeals) (9)
List of documents enclosed: Declaration (i)
I....................s/o....................
the appellant herein declare that- (a)
the information furnished above is true and
correct; and (b)
I have not concealed or misrepresented any
fact stated above, and in the documents submitted herewith. (ii)
(a) If the appeal is being filed on-time: The
appeal is filed before the expiry of one month reckoned in accordance with
section 85A(3). (b) If the appeal is being
filed after the expiry of one month on account of sufficient cause: The appeal
is filed after the expiry of one month, as provided under Section 85A(3), for
sufficient cause being the following: (Please indicate such cause
here). Yours faithfully, (Signature of the
Appellant/Authorised Representative) AUTHORISATION If the complainant wants to
authorise a representative to appear and make submission on her/his behalf
before the Ombudsman, the following declaration shall be submitted:- I ....................,
s/o.................... the complainant hereby nominate
Shri/Smt........................................ as my authorised
representative whose contact details are as below: Full Address: Pin Code: Phone No: Mobile Number: E-mail: Yours faithfully, (Signature of the Appellant) FORM
IX [See
rule 35(1)] APPLICATION
TO THE CO-OPERATIVE INFORMATION OFFICER Application number (For
Official use): Dated: To: The Co-operative Information
Officer, [Name of multi-State
co-operative society] [Address] [State] [PIN Code] Subject: Request for
information under sub-section (2) of Section 106 of the Multi-State
Co-operative Societies Act, 2002 Sir, (1)
I [name] Son/Daughter/Wife of [name] Resident
of [address] wish to seek the following information, under sub-section (2) of
section 106 of the Multi-State Co-operative Societies Act, 2002. (2)
The information pertains to the [name of
Multi-State Co-operative Society] as per details given below: (3)
I certify that I am a member of the [name of
Multi-State Co-operative Society] [as on date], with membership
number...................... (4)
I certify that the information requested
under para 1 is confined to information relating to affairs and management of
the [name of Multi-State Co-Operative Society] and that this information is
confined to the information falling under the disclosure norms specified by the
[name of Multi-State Co-operative Society] in its bye-laws, as per sub-section
(1) of section 106 of the Multi-State Co-operative Societies Act, 2002. (5)
I have deposited the required amount towards
application fee (Receipt enclosed) vide receipt no. _____ dated ______. (6)
I also undertake to pay any additional
fees/charges (if applicable) as may be required to be paid the relevant rules. Yours faithfully, (Signature of the Member) Address: Membership number, or
relevant details relating to membership: Telephone No: E-mail Address: Date: [Enclosed: Receipt No. _____
dated ______, towards application fees]".Multi-State
Co-Operative Societies (Amendment) Rules, 2023
In the Multi-State Co-operative Societies Rules, 2002, (hereinafter referred to
as the principal rules), in rule 2,-
In the principal rules, after Chapter 2, the following Chapter shall be
inserted, namely:-
In the principal rules, for rule 19, the following rules shall be substituted,
namely:-
In the principal rules, for rule 20, the following rules shall be substituted,
namely:-
In the principal rules, for rule 25, the following rule shall be substituted,
namely:-
In the principal rules, after Chapter 5, the following Chapter shall be
inserted, namely:-
In the principal rules, for Chapter 8, the following Chapter shall be
substituted, namely: -
In the principal rules, after chapter 8, the following chapter shall be
inserted, namely:-
In the principal rules, after rule 37, the following rules shall be inserted
namely:-
In the principal rules, Schedule shall be omitted.
In the principal rules, for Form III, the following Form shall be substituted,
namely:-
In the principal rules, for Form IV, the following Form shall be substituted,
namely:-
In the principal rules, for Form V, the following Forms shall be substituted,
namely: -