Section 28A in The Orissa Co-operative Societies Act, 1962
28A. Election of members of Committee.
- [(1)] [Substituted by Orissa Act No. 28 of 1991, Section 20 (a) dated 31.12.1991 w.e.f. 11.9.1992.] [(i) The President of the Committee of every Society shall be indirectly elected, in the manner prescribed, by and from among the members of the Committee;(ii)Other members of the Committee shall be elected in the prescribed manner [by and from among the General Body of members of the Society qualified for the purpose] so however that, where the membership of the Society is required to be organised into different constituencies in accordance with its Bye-Laws, only the members belonging to any such constituency shall elect the member of the Committee from that constituency.](iii)[ [The Vice-President of the Committee] [Inserted by Orissa Act No. 23 of 1994 Section 4.] shall be elected by, and from amongst, the elected members of the Committee in the prescribed manner :Provided that where the President of the Committee of such a Society elected under this Section is not a woman, the office of the Vice-President of the Committee shall be reserved for women.] [Substituted by Orissa Act No. 7 of 1996, Section 8(a) & 8 (b) dated 22.4.1996.](2)The Registrar shall, by general or special order, appoint one or more election officers for holding such election and different election officers may be appointed for different classes of Societies or for different areas.(3)[ The Chief Executive of the Society, by whatever designation called, shall intimate the due date of expiry of the term of office of -(i)the outgoing Committee; or(ii)where the Committee is removed under Section 32, the Committee, or the Administrator or Administrators, of the Society appointed under the said section,to the concerned Election Officer atleast three months prior to the said date :Provided that no such intimation shall be sent in a case covered under Clause (ii) without the previous approval of the Registrar.(3-a)(i) The Registrar shall be the ex officio Chief Electoral Officer of the Co-operative Societies in the State.(ii)The Chief Electoral Officer shall have powers of general superintendence and control over the conduct of election by the Election Officers and he may issue any directive to any one for ensuring smooth conduct of elections free from any corrupt practice, prohibited act, disorderly conduct and misconduct, subject to the provisions of this Act and Rules.Explanation. - For the purposes of this Clause, the expressions "corrupt practice", "prohibited act," "disorderly conduct" and "misconduct" shall have the meanings respectively assigned to them in Schedule III.(iii)The Election Officer may appoint such number of Presiding, Polling and other Officers as he may deem necessary for conducting the elections in the manner prescribed; and the officers so appointed shall perform the duties entrusted to them subject to the provisions of this Act and Rules and such directive as the Election Officer may issue in conformity with the said provisions;](4)[ The Election Officer shall, within seven days from the date of receipt of an intimation under Sub-section (3), or forthwith upon his own information as to the date of expiry of the term as referred to in that Subsection -(a)fix the date of the election and publish it in the prescribed manner so, however, that in no case, the intervening period between the date of such publication and the date of election so fixed shall be less than two months; and(b)direct the Chief Executive of the Society to prepare the forms of notice and deliver them to him on or before a date to be specified in that direction.(5)After receipt of the forms, the Election Officer shall cause publication and service of the notice on all members of the Society, excluding the nominal members, in the manner prescribed.] [Substituted by Orissa Act No. 28 of 1991 ,S.20 (c) dated 31.12.1991, w.e.f. 11.9.1992.](6)[ * * *] [Omitted by Orissa Act 28 of 1991, Section 20 (d) dated 31.12.1991, force w.e.f. 11.9.1992.](7)[ * * *] [Omitted by Orissa Act No. 19 of 1983 Section 10 (a)-See Orissa Gazette Extraordinary dated 11.10.1983.](8)[ Any expenditure required to be incurred in holding of election of members and President of a Committee or in connection with matters incidental thereto shall be met by the Society under the direction of the Election Officer.] [Inserted by by Orissa Act No. 19 of 1983 Section 10 (b).]
