[Cites 0, Cited by 1]
[Entire Act]
State of Maharashtra - Section
Section 56 in The Maharashtra Cooperative Societies Rules, 1961
56. Maintenance and administration of provident fund.
- A society which has established a provident fund for its employees under Section 71 shall, with the previous approval of the [general body meeting] [Substituted 'Registrar' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).], frame regulations for the maintenance and utilisation of the provident fund for its employees [subject to the provision of the Employees Provident Funds and Miscellaneous Provisions Act, 1952.] [Inserted by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] Among other matters, such regulations shall provide for the following-| 56A. Manner of election to notified Societies.- (1) The elections of the societies notified by the State Government under Section 73-IC, shall be held or cause to be held by the Registrar through the machinery created for this purpose in the manner as specified, hereunder, namely :-(a) The Registrar may appoint any officer, not below the rank of an Additional Registrar of Co-operative Societies, as the Chief Election Officer for the State, who shall be subordinate to the Registrar and accountable to him for the purpose of such elections. He shall work under the general guidance of the Registrar of Co-operative Societies.(b) The Chief Election Officer shall have powers to appoint one or more officers along with their jurisdiction as District Election Officer, who shall not be below the rank of an Assistant Registrar of Co-operative Societies or the Special Auditor, Class-II.(c) The Chief Election Officer shall have powers to appoint such additional staff as he deems necessary to assist him and the District Election Officer.(d) The Chief Election Officer shall have powers of general guidance, superintendence and control over the District Election Officers and the staff appointed under the foregoing sub-clauses of these rules. The District Election Officer and the staff so appointed shall be subordinate to the Chief Election Officer and shall be accountable to him for the purpose of elections.(e) The District Election Officer, shall be responsible for holding the election, of all the notified societies, the headquarters of which are situated in his jurisdiction.(f) For holding the elections of notified societies, the Registrar or the Chief Election Officer or the District Election Officer, as the case may be shall have the following powers, namely :-(i) To appoint any officer of the State Government, Zilla Parishad, any Local Body, any Co-operative Society or Agricultural Produce Market Committee, having establishment in that district, on any post with such designation and duties for the purpose of holding the elections.(ii) It shall be obligatory on every officer or employee, so appointed to, perform the duties assigned on him, failing which, he shall be liable for prosecution for having committed contempt of the lawful authority of the public servant within the meaning of Chapter 10 of Indian Penal Code.(iii) To requisition any premises, vehicles or any other material required for holding the election, from any co-operative societies as he may deem necessary.(iv) On service of such requisition, it shall be obligatory on the authority to whom such requisition is made, to forthwith hand over the possession of premises, vehicles or any other material, as the case may be, to the requisitioning authority or any person authorised by him in that behalf.(g) (i) The Registrar shall be competent to create a fund called the "Notified Co-operative Societies Election Fund", as he deems fit by a special or general order.(ii) The expenses for holding of any elections to the notified society, including payment of travelling allowances, daily allowance and other remuneration, if any, to the persons appointed to exercise the powers and perform the duties in respect of election, shall be borne by the notified society concerned. For this purpose, the Registrar or the Chief Election Officer or the District Election Officer may call upon a notified society to deposit in the Notified Co-operative Societies Election Fund, such amount as he considers necessary for the conduct of elections, within such period as may be directed by the Registrar :Provided that, it shall be competent for the Registrar to exempt any notified society or class of notified societies from depositing in full or in part, having regard to the financial position of such society or class of societies, as the case may be.(iii) If the expenditure exceeds the amount deposited, the Registrar or the Chief Election Officer or the District Election Officer shall call upon the notified society to pay the excess amount as specified by him within eight days from the receipt of directions from him and the society shall comply with such directions.(iv) On failure of the notified society to deposit the amount or to pay the excess amount as aforesaid, the Registrar, the Chief Election Officer or the District Election Officer may issue a certificate for recovery of amount due, together with interest thereon at the rate of 15% per annum from the society. On issue of such certificate, the amount shall be recovered as arrears of land revenue.(2) The Registrar shall maintain a register in Form M-1 in his office showing the names of the notified societies with details thereof.(3) The Chief Executive of the notified society shall deliver a report in Form M-2 to the Registrar on or before 30th September of the preceding calendar year in which the term of office of the Managing Committee of such society expires :Provided that, if the Chief Executive of the notified society fails to report in time the Registrar shall proceed to enlist the name of such society or societies for the purpose of aforesaid sub-rule on the basis of information available in the register and such enlisting of names shall beprima facieevidence that the election of the society is due to be held in the succeeding co-operative year, unless proved to the contrary.(4) On receipt of report or otherwise, the Registrar shall publish, on or before 15th October a list of societies in his office and in the office of the District Election Officer, of which elections of the committee are to be held in the succeeding year.56B. Provisional list of voters.-[(1) A provisional list of voters shall be prepared by every notified society in the year in which the election of such society is due to be held. The persons who have completed minimum two years as members from the date of their, enrollment; shall be included in the provisional list. If different constituencies are provided in the bye-laws, the names of voters shall be arranged constituency-wise as laid down in the bye-laws.] [Substituted by G.N. of 18-2-2002.](2) Four copies of the authenticated provisional lists of voters shall be delivered by the Chief Executive of the society to the Registrar, 120 days before the date of expiry of the term of Committee. Copies of such lists shall be displayed on the notice board of the society. The District Election Officer and the Registrar shall, within 15 days from its receipt, call for inviting claims and objections from the members of the society.(3) If any Chief Executive Officer fails to deliver copies of the provisional lists of voters to the Registrar on or before the due date, the Registrar shall himself or through any persons authorised by him in this behalf, prepare such provisional list of voters and the expenditure incurred therefor shall be recovered from the Chief Executive Officer or other persons responsible therefor, as arrears of land revenue.(4) In the event of the Registrar taking action under the last preceding sub-rule, he shall also cause copies of the provisional list of voters to be displayed on his notice board and on the notice board of the District Election Officer and of the society within ten days from the date of receipt of such list from the society for inviting claims and objections from the members of the society,56C. Particulars to be included in the provisional list of voters.- (1) The provisional list of voters in case of individual shareholders, shall contain the name, father's or husband's name, surname, if any, with address recorded in the register of members in Form M-1 of every person entitled to be registered as voter with such other particulars as may be necessary to identify him.(2) Where a society is the member of a notified society, the notified society shall call for the name of representative duly authorised to vote at the election on behalf of the affiliated society, so as to reach it by 150 days prior to the date of expiry of term of office of the Committee.(3) While communicating the name of the representative to the notified society the affiliated society shall enclose a copy of the resolution of the society or its committee as provided under the bye-laws, where the representative is so authorised. The notified society shall include in the list of voters the name of all such representatives as have been communicated to it before the date fixed for publication of the provisional list. In addition to the names representatives, the list shall contain the name of the affiliated societies, their registration numbers and addresses with names of the constituency, if any, to which they belong.56D. Claims and objections to the provisional list of voters, and the final list of voters.- (1) When any provisional list of voters is published for inviting claims and objections, any omission or error in respect of name or address or other particulars in the list may be brought to the notice of the Registrar in writing by any member of the society concerned who is a voter or any representative authorised to vote on behalf of such society during office hours within 15 days from the date of publication of the provisional list of voters.(2) The Registrar shall, after making such enquiries as deemed necessary in this behalf, consider each claim or objection, and give his decision thereon in writing to the persons concerned within 10 days from the last date prescribed for receiving the claims and objections and the list shall be conclusively final voters list.(3) The copies of final list of voters shall be displayed on the notice board of the Registrar and on the notice board of the office of the District Election Officer and that of the society at least seven days before the declaration of the election programme and in no case later them fifteen days from the finalisation or claims and objections.56E. Appointment of Returning Officers, Assistant Returning Officers and such other Officers required to conduct the elections.- The Registrar or the Chief Election Officer or the District Election Officer shall, whenever necessary, appoint the Returning Officer and may also appoint one or more persons to be called as the Assistant Returning Officer to assist the Returning Officer in the performance of his functions:Provided that, in case where no other person is appointed as Returning Officer, the District Election Officer himself shall be deemed to be the Returning Office and shall perform all the functions of the Returning Officer under these rules. Every Assistant Returning Officer, shall, subject to the control of the Returning Officer, be competent to perform all or any of the functions of the Returning Officer provided that, no Assistant Returning Officer shall perform any of the functions of the Returning Officer which relate to the scrutiny of nominations unless the Returning Officer is unavoidably prevented from performing the said function.56F. General duty of Returning Officer.- It shall be the general duty of the Returning Officer at any election to do all such act and things as may be necessary for effectually conducting the election in the manner provided in these rules and bye-laws of the notified society or societies.56G. Polling stations.- The Returning Officer shall, if necessary provide a sufficient number of polling stations for any constituency for which election is to be held and shall publish on the notice board or the society and in such other manner as he deems fit, a list showing the polling stations so provided and the polling areas for which they have respectively been provided.56H. Appointment of Presiding Officers and Polling Officers.- (1) The Returning Officer shall appoint a Presiding Officer for each polling station and such polling Officer or Officers as he thinks necessary, but shall not appoint any person who has been employed by the concerned society or on behalf of, or has been otherwise working for a candidate in or about the election-Provided that, if a polling Officer is absent from the polling station, the Presiding Officer may appoint any person who is present at the polling station, other than a person who has been employed by the concerned society or on behalf of, or who has been otherwise working for a candidate in or about the election, to be the polling officer during the absence of such officer, and shall inform the Returning Officer accordingly.(2) A Polling Officer shall, if so directed by the Presiding Officer, perform all or any of the functions of a Presiding-Officer under the Act or these rules and bye-laws made thereunder.(3) If the Presiding Officer, owing to illness or otherwise or due to unavoidable cause, is absent from the polling station, his unctions shall be performed by such polling officer as has been previously authorised by the Presiding Officer, to perform such functions during his absence.56I. General duty of Presiding Officer and Polling Officer.- (1) It shall be the general duty of the Presiding Officer at a polling station to keep law and order and to see that the poll is fairly taken.(2) It shall be the duty of the Polling Officers at a polling station to assist the presiding officer for such station in the performance of his functions.(3) The Presiding Officer, Polling Officer, Returning Officer, Assistant Returning Officers and other persons appointed for any of the purposes of these rules shall work under the general guidance, superintendence and control of the District Election Officer or the Chief Election Officer.56J. Appointment of dates etc. for various stages of an election.- (1) The Returning Officer, with prior approval of the Registrar or the District Election Officer, as the case may be, shall draw and declare a programme of various stages of election, as indicated hereinbelow not earlier than seven days and not later than fifteen days of the display of final list of voters of the society-{| | ||
| (i) | Last date for making nominations. | 7 days from the date of declaration of election programme. |
| (ii) | The date of publication of list of nomination received. | As and when received till the last date fixed for makingnominations. |
| (iii) | Date of scrutiny of nominations. | Next day of the last date for making nominations. |
| (iv) | Date of publication of list of valid nomination afterscrutiny. | Next day after the date of completion of scrutiny or wherethere is an appeal, after the appeal is decided. |
| (v) | Date by which candidature may be withdrawn. | 2 days from the date of publication of list of validnominations after scrutiny. |
| (vi) | Date of publication of final list of contesting candidates. | The date next succeeding the last day for withdrawal ofcandidature. |
| (vii) | Date and time during which and the place/places at which thepoll shall be taken. | Not earlier than 10 days but not later than 15 days from thedate of publication of final list of contesting candidate (timeand place to be fixed by the Returning Officer). |
| (viii) | Date, time and place for counting of votes. | Not later than 3rd day from the date of which the poll shallbe taken, (Time and place to be fixed by the Returning Officer). |
| (ix) | Date of declaration of results of voting. | Immediately after the counting of votes. |