Section 96 in West Bengal Co-operative Societies Act, 2006
96. Co-operative Election Commission.
(1)The State Government shall constitute a Co-operative Election Commission (hereinafter referred to as the Election Commission) and shall appoint a person to be the Co-operative Election Commissioner of the Election Commission for the [superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to a registered Co-operative Society] [Substituted by section 11(1) of the West Bengal Co-operative Societies (Second Amendment) Act, 2013, (West Bengal Act No. 7 of 2013), w.r.e.f. 19.2.2013, for the words Superintendence, direction and control of election of all registered Co-operative societies.] in West Bengal.(2)The Co-operative Election Commissioner of the Election Commission shall hold office for a term of three years.(3)The Co-operative Election Commissioner of the Election Commission shall be a person who is or has been a member of Indian Administrative Service not below the rank of the Secretary or Special Secretary to the Government of West Bengal [ xxx ] [Omitted by section 16(a) of the West Bengal Co-operative Societies (Amendment) Act, 2011 (West Bengal Act No. 14 of 2011), w.e.f. 6.2.2012, before omission it was as follows : and has served at least for two years either in Co-operative Department or in Co-operative Directorate.].(4)The Election Commission shall hold election of all registered Co-operative societies in West Bengal in due time under the provisions of Chapter IV of this Act and shall take all measures in this regard as it may think fit in such manner as may be prescribed.(5)The State Government shall [appoint an officer not below the rank of Joint Registrar] [Substituted by section 11(2) of the West Bengal Co-operative Societies (Second Amendment) Act, 2013, (West Bengal Act No. 7 of 2013), w.r.e.f. 19.2.2013, for the words appoint a Joint Registrar.] of Co-operative society to be the Secretary of the Election Commission and such other staff as may be required by the Election Commission in discharging its function.(6)The salaries, allowances and the terms and conditions of service of the Co-operative Election Commissioner of the Election Commission shall be such as may be prescribed.(6A)[ The State Government may remove the Co-operative Election Commissioner from his office on such grounds and in such manner as may be prescribed.] [Inserted by section 16(b) of the West Bengal Co-operative Societies (Amendment) Act, 2011 (West Bengal Act No. 14 of 2011), w.e.f 6.2.2012.](7)The number of officers and other employees of the Election Commission and the salaries, allowances, terms and conditions of service (including conduct, discipline and control) of such officers and employees shall be such as may be prescribed.(8)Subject to the provisions of this Act, the Co-operative Election Commission shall make rules, regulations and procedure providing for-(a)the conduct of election;(b)the preparation of electoral roll for the election;(c)fixing the date, place and manner of election;(d)fixing the date and manner of publication and declaration of the results of the election;(e)fixing the cost of holding of election of a Co-operative society and the manner of assessing and realization of such cost(f)symbols that may be used for election by the candidates.(9)[ * * *] [Omitted 'Until the Co-operative Election Commission is constituted and required regulations for conduction of election of Co-operative societies are made State Government may, by notification, notifies the date with effect from which the election of all the Co-operative societies shall be conducted by the Co-operative Election Commission. The Co-operative societies shall be liable to comply with all the provisions of section 29 of this Act.' by Act No. 13 of 2015 (w.e.f. 25.5.2010).]
