Section 2B in West Bengal Co-operative Societies Rules, 2011
2B.
)(i) If the State Government considers it necessary to conduct an inquiry into any allegation including allegation of violation of law, misconduct with or without involving moral turpitude against the Co-operative Election Commissioner of the Co-operative Election Commission, it shall appoint an inquiring authority.(ii)While holding the inquiry, the inquiring authority(a)shall follow the principles of natural justice;(b)may call for any record or document in possession of the Commission and the Secretary of the Commission shall present or cause to present such records and documents before the inquiring authority;(c)shall provide a reasonable opportunity of being heard and adducing his defence to the charged Co-operative Election Commissioner.(iii)If charges are framed and served upon the Co-operative Election Commissioner, the charged Co-operative Election Commissioner may be kept out of his office by an order of the State Government. If situation so demands, the charged Co-operative Election Commissioner may be placed under suspension by the State Government. While in suspension, the charged Co-operative Election Commissioner shall be entitled to get half of the pay admissible to the Co-operative Election Commissioner.(iv)The inquiring authority shall report its findings on each of the articles of charge to the State Government.(v)On receipt of the report of inquiry, the State Government shall consider the same and pass appropriate orders including an order on the admissibility of full pay for the period spent on suspension.(2C)In case of an allegation involving insolvency referred to in sub-rule (2A), the order passed by an appropriate court declaring the Co-operative Election Commissioner insolvent, shall be binding on the State Government :Provided that during the pendency of an appeal against any order of any lower court declaring the Co-operative Election Commissioner insolvent, the State Government may, after making necessary inquiry, suspend the Co-operative Election Commissioner till the disposal of the said appeal petition and shall pay, during the period of such suspension, only half of the pay admissible to the Co-operative Election Commissioner of the Co-operative Election Commission :Provided further that on disposal of the said appeal petition, the State Government shall, after making necessary inquiry, pass appropriate orders including an order on the admissibility of full pay for the period spent on suspension.(2D)In the case of an allegation involving infirmity of the body or mind referred to in sub-rule (2A), the State Government may constitute a Medical Board consisting of at least three medical experts on the relevant aspect of infirmity and shall, on due consideration of the advice of such Medical Board, pass appropriate orders.] [Inserted by Serial No. (27)(a) of the Notification No. 3857-Co-op./H/2R-09/2012, dated 26th December, 2012, w.e.f. 1 2.2013.](3)The salaries, allowances, retirement benefits and the terms and conditions of service (including conduct, discipline and control) of officers and other employees of the Commission shall be such as that of the employees of the State Government. Such salaries, allowances etc. and expenses of the Commission shall be defrayed out of the consolidated fund of the State.(4)As provided under sub-section (7) of section 96, the Co-operative Election Commission shall have the following staff(a)One Secretary in the rank of Joint Registrar of Co-operative Societies;(b)One Deputy Secretary in the rank of Deputy Registrar of Co-operative Societies;(c)One Assistant Secretary in the rank of Assistant Registrar of Co-operative Societies;(d)One officer in the rank of Co-operative Development Officer;(e)One officer in the rank of Co-operative Inspector;(f)One Upper Division Assistant;(g)Two Lower Division Assistants with knowledge in computer science;(h)One Stenographer with knowledge in computer science;(i)One Typist with knowledge in computer science; and(j)Two peons :Provided that the State Government shall have the power to increase or decrease the number of the officers and other employees of the commission in consultation with the Chairman of the Commission and expenses of the commission shall be defrayed out of the Consolidated Fund of the State.(5)[ xxx ] [[Omitted by Serial No. (27)(b)(i) of the Notification No. 3857-Co-op./H/2R-09/2012, dated 26th December, 2012, w.e.f. 1.2.2013, earlier which was as follows :(a)The Zonal Joint Registrar or the Deputy Registrar and all officers of his office shall respectively be ex-officio Returning Officer and Assistant Returning Officer in the case of election of all Apex and Central Co-operative Societies.(b)The range officer of the Directorate of Co-operation and all officers of his range shall respectively be ex-officio Returning Officer and Assistant Returning Officer in the case of election of all Primary Co-operative Societies.]](C)[ For every election in a co-operative society, the Co-operative Election Commission shall, in consultation with the State Government, appoint Returning Officer, Assistant Returning Officer and such other Polling Personnel as may be required to conduct election who shall be an officer or employee of the State Government. After such appointment, such officers and employees shall be deemed to have been deputed under the Co-operative Election Commission, West Bengal.] [[Substituted by Serial No. (27)(b)(ii), ibid, w.e.f. 1.2.2013, earlier which was as follows :(c)The Commission shall issue order appointing Returning Officer, Assistant Returning Officer and such other Polling Personnel as may be required to conduct election of Co-operatives from the officers and employees of the Directorate of Co-operation.]]
