Section 444A in The U.P. Co-operative Societies Rules, 1968
444A. [ [Substituted by Notification No. 395/XLIX C-1-10-8(111)-08, dated 4-3-2011.]
(1)(a)The number of members on the Committee of Management shall be determined according to the Act, Rules and bye-laws of the society. A co-operative society shall elect such number of persons on its Committee of Management as may be provided in the Act, Rules and the bye-laws of the society.(b)A person seeking election to the Committee of Management or of a delegate in the general body of the society from a particular area or constituency or class of members shall be elected the members of the general body of the area/constituency or class of members, as the case may be-Provided that in case of marking society/District wholesale consumers store, individual members and delegate of the society shall separately elect their respective members on the Committee of Management.(2)Notwithstanding anything contained in clause (b) of sub-rule (1) the Members of the Committee of Management of a primary consumers society shall be elected by the members of the general body jointly.(3)The registrar or the authorised officer shall, under provisions of sub-rule (6) of Rule 440, reserve constituencies/areas for weaker section and such reservation shall be made to the extent of the seats reserved by rotation in Hindi alphabetical order of the names of constituency/areas from which members of the Committee of Management are to be elected:Provided that the constituencies so reserved shall be allotted to scheduled castes/scheduled tribes, backward classes of citizens referred to in the explanation of sub-rule (1) of rule 393 and woman respectively in Hindi alphabetical order:Provided further that where the first alphabet in the names of more than one constituency is the same, reservation in such cases shall be regulated by the next alphabet in the names of such constituencies.(4)The Committee of Management of -(a)Marketing /Processing society shall consist of-(i)ten representatives from member-societies, if the representatives of individual member of the committee are three:Provided that in case the number of representatives of individual members on the committee decreases, the number of representatives of member societies on the committee shall increase to the extent of the decrease of representatives of individual members on the committee;(ii)such number of representatives, from individual members as are laid down in sub-rule (5) of this rule but not more than three;(iii)two nominees of the State Government if the State Government is a share-holder. In case the State Government is not a share-holder, the seats meant for nominees of the State Government shall be allocated to elected representatives:Provided that-(i)two seats in case of elected representative of member societies and one seat in case of representatives of individual members, if the representation of individual member is more than one, shall be reserved for weaker section:Provided further that number of seats reserved from amongst member societies shall increase to the extent of decrease in number of seats reserved for individual members.(b)District/Central Cooperative Bank shall consist of-(i)nine representatives from member societies:(ii)two representatives of individual members;Provided that in case the number of representatives of individual members become nil, or decreases the seats of member-society on the committee shall increase to the extent of decrease of the seats meant for individual members:Provided further that according to the provisions of sub-rule (1) of Rule 393, at least three seats shall be reserved of which one shall be reserved for Scheduled Castes or the Scheduled Tribes, one for Other Backward Classes of citizens and one for woman.(iii)under the provisions of sub-section (8) of Section 29, three professional persons from members-societies.(iv)One Government servant nominee of State Government if the State Government is a shareholder. In case State Government is not a shareholder, the seat, meant for the nominees for the State Government shall be allocated to other elected representative on the Committee of Management according to the directions of the Registrar:District Cooperative Federation shall consist of -(i)eleven representatives from member-societies;(ii)two representatives of individual members:Provided that in case the number of representatives of individual members becomes nil, or decreases the seats of member-societies on the committee shall increase to the extent of decrease of the seats meant for individual members:Provided further that at least three seats shall be reserved according to the provisions of sub-rule (1) of Rule 393, of which one shall be reserved for Scheduled Castes or the Scheduled Tribes, one for Other Backward Classes of citizens and one for woman.(iii)two nominees of State Government if the State Government is a shareholder. In case State Government is not a shareholder, the seats, meant for the nominees for the State Government shall be allocated to other elected representative on the Committee of Management according to the directions of the Registrar;(c)District Wholesale Consumers Store shall consists of-(i)seven representative from individual members;(ii)six representatives from member-societies;(iii)two nominees of State Government, if State Government is a shareholder. In case State Government is not share-holder, the seats meant for the State Government nominees shall be allocated to other representatives on the committee according to the direction of the Registrar:Provided that three seats in case of individual members and two seats in case of representatives from primary societies shall be reserved for women.(5)The individual members of-(i)Marketing society,(ii)Block union,(iii)District Co-operative Federation, and(iv)District/Central Co-operative Bank shall be subject to clause (b) of subsection (2) of Section 18 of the Act represented on the Committee of Management of their respective societies as follows:(i)One representative, if the membership is 100 or less.(ii)Two representatives, if the membership is above 100 but not more than 500.(iii)Three representatives if the membership is above 500:Provided that the total representatives of individual members on the Committee of Management of District/Central Co-operative Bank/District Co-operative Federation shall not exceed more than two.(6)The societies not covered under sub-rule (1) and having individual members shall be represented on the Committee of Management according to the bye-laws of the society or in accordance with the direction of the registrar in case bye-laws of the societies do not contain any provision in this respect.(7)The Committee of Management of an apex society other than Uttar Pradesh Sahkari Gram Vikas Bank and Uttar Pradesh Cooperative Bank shall consist of-(a)fourteen representatives from member societies out of which, at least three seats shall be reserved according to the provisions of sub-rule (1) of Rule 393 of which one shall be reserved for Scheduled Castes or Scheduled Tribes, one for Other Backward Classes of citizens and one for woman;(b)subject to the provisions of Section 34, two nominees of the State Government;(c)one representative of the financial institution financing the co-operative society.(8)The Committee of Management of Uttar Pradesh Sahkari Gram Vikas Bank shall consist of-(a)fourteen representatives from individual members out of which three seats shall be reserved according to the provisions of sub-rule (1) of Rule 393 of which one shall be reserved for Scheduled Castes or Scheduled Tribes, one for Other Backward Classes of citizens and one for woman.(b)subject to the provisions of Section 34, two nominees of the State Government.(c)one representative of the financial institution financing the co-operative society.(9)The Committee of Management of Uttar Pradesh Cooperative Bank shall consist of -(a)Twelve representatives from member-societies out of which three seats shall be reserved according to the provisions of Rule 393(1) of which one shall be reserved for Scheduled Castes or Scheduled Tribes, one for Other Backward Classes of citizens and one for woman.(b)under the provision of Section 34, one Government servant nominated by the State Government.(c)under the provisions of sub-section (8) of Section 29 three professional persons from members-societies.(d)one representative of the National Bank.]$$$$[444B. Election of Chairman and Vice-Chairman. [Inserted by Notification No. 3815/C-1 - 77-7(5)-1977, dated 24-12-1977.](1)For the purpose of electing Chairman, Vice-Chairman, and other office-bearers, if any, the Election Officer of the concerned society shall, as far as possible, immediately after the declaration of the result of members of the Committee of Management of the concerned society, convene, with the consultation of Secretary/Managing Director of the society, the first meeting of the members of the Committee of Management.(2)The Election Officer shall along with the notice and programme of election of members of the Committee of Management also intimate the date, programme of election of Chairman, Vice-Chairman or delegate and also specify the place where such election shall be held.(3)(i)The Chairman, Vice-Chairman and other office bearers shall be elected from amongst the elected members of the Committee of Management.(ii)The elected members of the Committee of Management shall elect delegates to represent the society in the general body of another co-operative society of which the society is a member, from amongst the qualified members of the general body.(4)The procedure as laid down in Rule 442 to 444 shall mutatis mutandis apply for election of Chairman, Vice-Chairman or delegates.]Note. - In respect of milk producers' societies sub-rule (3) of Rule 444-B shall be amended as follows [vide Notification No. 1172/XII-Du. VI-4(81)-86 dated 20-6-1988]:(1)for clause (i), the following clause shall be substituted, namely:-"(i) The elected members of the Committee of Management shall elect the Chairman and other office bearers from amongst themselves."(2)after clause (ii), the following proviso shall be inserted, namely:"Provided that where in any general body of a milk producers' society another milk producers' society is to be represented, such society shall be represented only through its Chairman who fulfils the qualifications of the delegate under the bye-laws of the former society and such person shall exercise his right of vote according to the bye-laws of the former society."(a)for the proviso, the following provisos shall be substituted, namely:-"Provided that in the case of a milk producers' society the Committee of Management shall be a body having perpetual succession and one third of the elected members thereof shall retire every year by rotation in the manner laid down in the bye-laws of the said society:Provided further that the elected members who are due to retire in a year shall remain to be such members till the election of their successors."(b)Explanation shall be omitted.
