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[Cites 0, Cited by 0] [Section 23] [Entire Act]

State of Chattisgarh - Subsection

Section 23(3) in The Chhattisgarh Co-operative Societies Rules, 1962

(3)[ (a) Every society shall prepare a list of members, delegates and representatives of member societies as on the last day of each co-operative year. The list shall be available at the office of the society during office hours for inspection by any member of the society;
(b)Every person who is disqualified under sub-section (7) of Section 48 or Section 50-A shall be informed of the fact of his being so disqualified before preparation of the list under clause (c). A list of non-borrowing members and defaulters for a period exceeding twelve months shall also be exhibited on the notice board of the society under the signature of the Manager/Secretary;
(c)Every society shall prepare a list of members, including the members who are disqualified under sub-section (7) of Section 48 or Section 50-A as on the date preceding 45 days prior to the date of election of delegates or in which election of committee members is to take place, as the case may be. The list shall indicate the defaulter within the meaning of Section 50-A by assigning sign and word "X-defaulter" and in case of members belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes, the list shall indicate the respective category against their names. The list shall Chhattisgarh Co-operative Societies Rules, 1962 Rules 23 in case of a resource society, also indicate the non-borrowing members by assigning words "non-borrowing". The list so prepared shall be made available to the Returning Officer appointed by the Registrar atleast 33 days prior to the date fixed for the election of delegates or holding of annual general meeting/ special general meeting for the election of committee members. The list shall be published by the Returning Officer at least 30 days prior to the date of the election of delegates or annual general meeting/ special general meeting, as the case may be;
(d)The list to be made available shall be published by exhibiting it at the office of the society, and on the notice boards of the Deputy Registrar/ Assistant Registrar of Co-operative Societies incharge of the District, and Financing Bank, and in case of a Society other than Financing Banks, Apex Institution of Society whose area of operation is for the whole district or beyond a district, Block Development Office and branch of the Financing Bank along with a notice-
(i)inviting objection thereto by him or an Officer appointed by him in writing within 6 days from the date of notice;
(ii)fixing date, time and place for hearing of such objection and claims,-
- All the members of the society shall be informed by a notice under certificate of posting that such list has been displayed at the place mentioned above to enable them to file objections, if any;- Any person whose name is not entered in the list or is not properly entered or any person whose name is entered in the list and who objects to the inclusion of his name or name of any person in the list, may prefer a claim or object to the Returning Officer or person authorised by him in writing within 6 days from the publication of the list under this sub-clause;
(e)Claim or objection shall be accompanied by documents on which the claimant or objector relies;
(f)The Returning Officer or any, person authorised by him shall, after holding such summary enquiry, into the claims or objections as he thinks fit, record his decision in writing and shall dispose of all claims and objections within 9 days from the date of publications of the list under clause (d) of sub-rule (3);
(g)No person shall be represented by any legal practitioner or counsel in any proceeding under this rule;
(h)The Returning Officer shall indicate the defaulters within the meaning of Section 50-A of the Act who continue to be so on the date of finalisation of the list by assigning "X-Defaulter" sign against their names;
(i)The decision of the Returning Officer or the person authorised under clause (f), as the case may be, shall be final and binding and the list so made available by society shall stand amended in accordance with such decision. The list so amended shall be published by exhibiting it at the office of the society under the seal and signature of the Returning Officer. The society shall prepare six copies of the list so amended and submit to the Returning Officer for his use at the polls;
(j)The list so amended shall be final and a copy of the same duly certified shall be handed over by the Returning Officer or the person authorised by him to the society and Registrar:
[* * *] [Substituted by notification No. 5-7-94-XV-1, dated 21-7-95.]Provided further that any person whose name is shown in the list with sign "X-defaulter", may, at any time before the date on which polls is to be held, after making necessary payment of the dues on account of which he had been shown as defaulter in the list to the society concerned and on production of a proof in token thereof in such form as the Registrar may provide for the purpose, get the list corrected by the Returning Officer:Provided also that any person whose name is shown as "Non-borrowing" in the final list prepared under clause (1) above may, at any time before publication of election programme made sub-rule (2) of Rule 41, on production of a documentary proof in token of having taken a loan from the resource society, get the list corrected by the Returning Officer;
(k)On receipt of the final list under Clause (i) above, the Registrar, in case of a society falling under sub-section (3) of Section 48, fix-up the number of seats in the committee to be filled by the members belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes and women accordingly;
(l)In the case of a society where the bye-laws provide for the constitution of its general body by the election of delegates, the Registrar shall reserve the seats for the delegates belonging to Schedule Castes, Scheduled Tribes and Other Backward Classes as per sub-section (3) of Section 48-B and also identify the groups from which the delegates belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes and women shall be elected;
(m)The reservations made in the above clauses shall be intimated to the Returning Officer within 3 days from the receipt of final list under clause (i) and if the society fails to do so, the Returning Officer himself shall reserve the number of seats in the general body and the groups from which such delegates will be elected.]