Scanned by CamScanner THE ASSAM GAZETTE ~~'t EXTRAORDINARY ett~ <tS'i~~ ~ ~ PUBLISHED BY THE AUTHORITY ~~50 Wet~. 0'11~<1~. 27 iS¥1"!<11~. 2020, 7 ~. 1941 ~) No. 50 Dispur, Monday, 27th January, 2020, 7th Mahga, 1941 (S.E.)
·~============~ --~ -- - -· GOVERNMENT OF ASSAM ORDERSBYTHEGOVERNOR COOPERATION DEPARTMENT NOTIFICATION The 31st December, 20 19 No.COOP.272/2013/184.- Whereas the draft of certain Rules, which the Governor of Assrun propsoes to make in exercise of the powers conferred by sub-section (I) of section I 31 read with section 41 (3) of the Assam Cooperative Societies Act, 2007 (Assam Act No. IV of 2012) were published as required under sub-section ( l) of section 131 of the said Act in Assam Ga7..ette, Extraordinary No.302, dated 11 111 June, 2018, inviting objections or suggestions from all persons likely to be affected thereby, before the expiry of a period of 45 days from the date of publication ofthe said draft Notification in the Official Gazette;
And whereas, some suggestions were received from the Public I Government Officers in respect of the said draft Notification before the expiry of the specified period which have been considered by the Governor of Assam and thereafter it is decided to make the rules;
Now, therefore, in exercise of the powers cunferred by sections I 31 ( 1 )read with 41 (3) nf the Assam Cooperative Societies Act, 2007 (Assam Act No. IV of 20 12), the Governor of Assam is hereby pleased to make the following Election Rules after having been published Jlreviously as mentioned hereinabove, namely :-
1. s•ort tide and commencement.· '(1) The.~e rules may be called the Assam Coopemtive Societies' Election Rules,
2019.
Scanned by CamScanner TRAORDINARY, JANUARY 27, 2020 . bl · rhe Official Oazettc.-ome into force on the dute of them pu JcatJon 111 Ditton.. Jrl these rules, unless there is anything repugnant in the subjel't or contcxr,
(a) "Act' m ans The Assam Cooperative Societies Act, 2007 (Assam Act No. IV of 2012); .
(b) "area of operation" means the areas ns per section 6(3) of the Act or as specrficd in the bye laws of the Cooperative Society;
(c) "Assistant Returning Officer" means tile officer I offic~rs appointed ~y the Election Authority to assist the Returning Officer or lo perform dulles of Returning Officer in his/ her absence or inability;
(d) "Assisting Officer" means any Government I Depa1tmental officials to . be appointed by the Election Authority to perform any duty to assist the Returnmg Officer in the election process; . .
(eJ "Ballot Box" means any box, bag or other receptacle used for the 1nscrt1on ol hallot papers during election. In case of State Level Cooperatives and Cooperativ~ Societies at all levels having more than 1500 voters. Gaon Panellayat Samaba1 Samiti/Primary Agricultural Co-operative Society preferably handling P11blic Distribution System, it means the prescribed baliot box used by the Assam State Election Commission;
(I) "Election Authority" means the Registrar of Cooperative Societies. or any officer to whom the powers of election are delegated;
(g) "Election" means a process in which members vote to elect a person or group of persons in the Annual General Meeting to form a Board in a Co-operative Society;
(h) ":Elector" means any member whose name is included in the voters lis! as per section 26 (3) and section 41 (l) of the Act, who is eligible to vote in the election.
( i) () .I
(k) (I)
(m) (II)
(o)
(p) "Electoral Roll/voters' list" means the list prepared on the basis or List of Members as per section 26 (3) and 41(1) of the Act;
"Form" means the forms appended to these rules, in appropriate language which includes any printed, cyclostyled, typewritten, and photocopy thereof;
"Members ;Lis( means fhe two separate lists of members- one having right tn vote and another without right to vole prepared as per section. 26 (3) of the At:t;
"Marked Copy" means copy o( the Electoral Roll/ voters' list set apnrl for the purpose of verifying the names of the electors to whom ballot papers are to be issurd at an election;
"Member" means a person as defined in section 2(w) of the Act;
"Notified" means issue of a written public notice by the Election Authority and the Relurning Officer, through print and electronic media, mike atmotmcement.
post~ring, banners, individual letters to members duly acknowledged, and pasting of the notice in the office premises of the society, venue of the Annual General Meeting. Panchayat, Block and Revenue Circle Offices concerned;
''Polling Station,. means the place fixed for conducting the poll at the election;
"Photo ID" for identification of voters at an election, means an Electornl Photo Identity Card (EPIC) issued by the ~;tcction Commission of India;
""K'KIIIH~IIR& Officer" means an officer appointed by the Election Authority for •11(8~ of election of a Cooper11tive society, not below the rank of Seuior Scanned by CamScanner THE ASSAM GAZETIE, EXTRAORDINARY, JANUARY 27, 2020 145 ------ Inspector/ Audit01 of Cooperative Societies to pc1 form the duties as provided in the Act and Rule..c;;
(r) "Society" means a Cooperative Society as deJincd in th<: Act;
(s) "section" means the sections of the Act;
(f) "Stale Government" means the Gbverrunent of Assam;
(u) "Strong room" means the nearest Police Station/ Outpost, or the Treasury Oflice ofthe District/ Subdivision concemed;
(v) Words and expressions used in this rules but not defined herein but defined in the Act shall have the same meanings respectively assigned to them in the Act or rules thereunder.
3. Comluct of Election to Board of Directors of Cooperative Society. -
(a) Subject to the superintendence, direction and control of the Registrar of Co operative Societies, Assam the following officers shall have power to conduct elections as per section 41 (I) of the Act, as delegated by the Government from time to time, namely :-
(i) Registrar of Cooperative Societies for State Level Societies;
(ii) .Joint Registrar of Cooperative Societies tor Zone Level Societies:
(iii) Deputy Registrar of Cooperative Societies for District Level Societies;
(iv) Assistant. Registrar of Cooperative Societies for Sub-Divisional Level Societies;
(b) The election of a Cooperative society, for constitution of the Board of Directors, shall be held in the meeting of General Assembly as per section 29 of the Act if fallen due as per section J 1, 41 and 42 or in a Special General Meeting as per section 33, on such dates as may be notified by the Registrar of Cooperative Societies, Assam/the Election Authority.
(r) On the notified dale, the Annual General Meeting, which inter-alia shall have the election agenda, shall fix the !:chedule of items for discussion and decision ::ts rer section 30 of the Act between 9:00AM and 12 Noon.
(d) The Returning Officer shall notify the date and time of vote.
(c·) Voting shall commence immediately after deliberations of the Annual ()('ncral Meeting, but not later than 12 Noon. All eligible members who reach the pulling station within the time notified by the Returning Officer, shall be allowed to vole.
1 II The Returning Officer shall arrange for issuance of numbered and signed coupons to members who reach the polling station in time but remain in queue up to 4:0(1 I'M. yet to cast their vot~s. The coupons shall be issued consecutively from the end of the queue.
t~) The MMagcment shall arrange for sufficient light in the polling premises.
1 h) Th<' concerned Chie"f Ex.eculive/ Secretary of the society shall prepare und submit a li~t of members eligible to vote in the election as per section 26(3) of the Act, lo the Registrar/ Election Authority, for countersignature to fulfil the requirement of sel·tion 41 (I). The Registrar of Cooperative Societies (RCS) and Joint Registrar nf Cooperative Societies(JRCS), Deputy Registrar of Cooperative Sucietieii(DRCS), Alsistant Registrar of Cooperative Societies(ARCS) concemed, C.erclse of their delegated powers of the Registrar, shall ensure correctness or vou lilt, after deleting nama of dead voters in consultation 'With the Scanned by CamScanner THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 27, 2020 Rq~istrar or ~irths and Deaths, incorporation of new voters, removing duplicate names etc by inviting claim~; and objections, and comparison with the regisleJ of nwmbership etc.
(i) 'I he Election Authority shall arrange for pu0lication of the electoral roll before 30 d11ys of' the date of election. Nominations from candidates shall he received I 0 days before the election. Withdrawal of nominations shall be done 8 days before the elcdion. List of contesting candidates shall be finalised !! days before the election. Printing of ballot papers shall be ready 4 days ahead of the poll.
(i) Whenrver the society fails to prepare and submit the electoral roll as per rule 1 (h) nl' these rules, the Election Authority may himself or through a person authori7.cd by him on this behalf prepare electoral roll as per section 41 ( l) of the Acl
(k) c.opies of the final electoral roll shall be kept in safe custody of the concerned Election Authority and the ChiefExecutive/ Secretary ofthe society.
(I) The final electoral roll shall be displayed in the office of the Cooperative Society and make copies of the same available to the members/ shareholders on pnyment.
The cost lobe paid for the copy shall be fixed by the Election Authority.
(m) Wherever the bye-laws of a Cooperative society so provide, as per section 29
(2)(b) and 2.9 (3) of the Act, there shall be a meeting to elect the delegates to the General Assembly, in conformity with the bye-laws of the society.
(n) The electi~n agenda shall clearly be mentioned in the notice of AMual ~General Meeting I Special General Meeting, as and when due.
4. Appointment of Returning Officer.--
(n) Returning Officer shall be appointed by the Election Authority. When there is no sufficient staff under the Election Authority, the Election Authority shall. detail officer(s) from other departments/ establishments to assist the Returning Officer.
(b) The concerned District Civil Administration shall ensure detailmcnt of officer(s) I staff(s) upon requisition by the Election Authority.
(c) Returning Officer shall be provided two copies of electoral rolls, one of which shall be the "Marked Copy".
5. Arrungemclit of Dailot Box/Ballot Paper_- - <1 J Thr Board of Directors/ Managing Committee and every of" f h c · , . 11cer o t e ooperattve Soc1cty shall be bound to render assistance to the Returning Offi · 1 . . . . leer m t 1e conduct of the electiOn and shall make avatlable to him such infonnation a d .• f · b . . n rccorus o the soc1ety as may e reqUired by the Retummg Officer for the purpose.
h) The Election Authority and Returning Officer appointed ~ h ld. . , · · or 0 mg an election of a Cooperative Soctety shall arrange for baltot bo b 11 · · xes, a ot papers and such other act:{~ssones winch are necessary for the conduct of election.
d In respect uf Cooperative Society where the electi · · . on requires ballot boxes used I th.
Assam State Elect10n Commission as at rule 2 (d) th 1 Y e . ' • e same shall be temporaril d uvmlable by the Deputy Corf!missioner/ Sub-Divisi 1 Offi Y ma e d . . . ona tcer concerned l lite names of the contestmg candidates shall app . h · . ear m t e Ballot Pap . th E li h Alphubettc Order. Printing of ballot paper shall b d . er m e •ng s . · e one m locallan fE · Knrb1 Anglong Autonomous Council area Di 1-1 guages o nghsh for ( 'nuucil nrea, Bengali for Barak Valley' D. t~n asao, Bodo for Bodoland Territorial ts nets and Assa ~ h V~tllcy Daslrict.o; and other districts in Assn mese 1 or t e Brahmapulfll m.
Scanned by CamScanner ~~M•tl•y of Nomination p1p r.
tion paper shall be nJed In Form No. t, upto two copies or nomlnldon paper may be presented by a candidate to the Retumina Officer on the not11ied d t and tim .
(b) I h •lrction Authority shall fix the date and time for,· (I) filing of nominations before I 0 days of the dote of election in one dny;
(II) scrutiny of nomination papers and display of the list of nomination. (same duy of filing of nominations);
(Ill) withdrawal of nomination (within two days from submission of nomination);
(lv) One symbol shall be allotted to each candidate by the Returning Officer other than the symbols recognized by the Elcctiou Commission of India for the political parties. Draw of Lots shall be conducted in case of preference of the same symbol by more than one candidate:
Provided that all above stages/ tasks shall be perfonned and completed in the office of the Returning Officer, which will be located in the Head Office of the society from the date of notificalion till the completion of the declaration of results of the poll .
7. No person shall be allowed to file nomination paper for election to fill a seal of lloard of Directors of a Cooperative Society, if -
(a) his/her name does not appear in the electoral roll of the society, or
(b) he/she is otherwise disqualified for being elected under the provision of the Act, Rules and bye-laws of the society.
(c) he/ she has been convicted for offences under Indian Penal Code l 861 (Act No.45 of I 860), barred by any Court of Law or is mentally insane which renders him/her disqualified under the laws of the land.
li. The candidate shall present his nomination to the Returning Officer in person or through his authorized person and an entry thereof shall be made by the Returning Officer in the register maintained for the purpose strictly in chronological order and he shall also acknowledge the receipt.
The proposer(s) and seconder(s) to the nomination shall be valid electors from the electoral roll.
9. nte Returning Officer shall take-up scrutiny of nomination papers immediately on closure of filing of nominations. Amon~st the candidate, his proposer(s) ami secondcr(s ).
only one may be allowed to be present at the time of scrutiny.
10. While scrutinizing the nomination, the Returning Officer may-
(a) allow any clerical error in the nomination paper in regard to the names or number to be corrected in order to bring them in conformity with corresponding entries in the tinol electoral roll;
(b) where necessary, any printing error in the said entries may be overlooked;
(c) at the time of scrutiny, the Returning Officer shall endorse on nomination paper, lite decision regardin& acceptance and rejection. In case of rejection he shall Scanned by CamScanner record in writing In hricl the rensons for such H'JCrl ion I hr l-lllldul.llt who .1 nomination is rejected mny ohtoin uropy of the order of 1qcction
(d) l'he Returning Officer 'lhnll gu1dc the cundidut1 ~in fil111~1 rhc Nollllll·''""' l'np< ,., lie shnllnol rcjt'clllw llOilllliiiiJOII pnp~1 olnny t.itlldHI.ilc "" IIIIII'•Y L'l\llllld1- II Apphcollon l(ll withdruwalol lht\ noJl)IJHllloll shall bt' 11111dc to till: Hdllllllltg U/IH CJ 111 person by the cun'tlidatc conccmcd
12. A norninntion paper shall al'cnrnpany a receipt of non·lt'l'undahle IHJilliiWtH>II fcc H'l shown hel11w issued by the society- ( a) Stole Level Sncic.:ties ({s I 0,000/ tb) Regional Level Socie11cs l{s '/,000/ (~,;) District Level Societies/Wholesale ColiS !{). ),000/
(d) Urban Cot>perative: A<lllk- i{s. 2,000/ tc) Primary Level Socictiesi) Primary Agricultural Credit Society ((JilSS/1 /\MPSJ Rs 'lOOO/ ii) Other Cooperative: Socictlt'S Rs 200/ Iii) Women Cooperative: Soc1clic~· Rs. ~0/- Thc fees may be deposited by cash, Bank drnfl. I{ ICiS/NI:FT in fill·ourot'lhc Managing Director/Chief Excn11ivc/ Secretary/ Manager ot !lit' qH'Iel\' concerned.
IJ. l)edaration of Election Hcsult -
(a) lfthc muriber of valid nomination papers IS cquallo lhe tnlaluumhcr:-; ul'mcrnhen.
to be elected to the Hoard of D11ectors, the Returning Olf1cer shall dcdarl' sut:h candidate to be duly elected to the Board o( Directors in the 1\nnunl Cicncral Meeting.
(b) If there arc more valid nominations agnlllsl the lotal nu111bt:1 ul posts tu he J'dled up, poll shall be held 011 lhc dale ur /\nnual (iencrul Mccllllg already IIO!ifled ill accordance with the.: provisions laid under lhe 1\d and l<..ulcs.
14. Ballot l'apt•r.
(a) The ballol paper shall be as per Form No. 2 and shall he prinlcd in 1\ssnmcse .unt Hcugali /English /Bodo (as arplicablc)
(b) If two or more candidates bear the same name, they shall be distinglllsl1cd by tlw addition of !heir residence or any other indication as decided by the 1\etllllllllg Officer.
(c) The ballot paper wilh counterfoil, both, shall be serially numbered nn thl' la~:t' Each hal lot paper shall bear the signature and seal ol' the Returning Officer on thr reverse. The signing of the ballot papers shall be done by the Returning Ol'tict'l not prior to 72 hours before the day of poll. The same shall he kept 111 his Cllstmly wilh adequate Security that may be decided by the Elcclion /\utho1 ily .111d tlw District I Sub-Divisional Administration.
I d) There shall be as many ballot papers per voter, as there are classl\'i of member~.
SC/ST and women candidates. Tite ballot papers shnll be of different wlours for transpiU'Cncy and fair poll.
(e) Printina of ballot paper shall be done in utmost Secre9 hy the Elr.ction Authority in Printing Bstablisluneots, approved by the Director of Printin~ nml Stationery, Scanned by CamScanner THBASSAMGAZEITE, EXfRAORDINARY,JANUARY27, 2020 149 or by the Deputy Commir;sioncrs or Sub·Divi11ionnl Officer11 llll uullymjl subdivisions.
I~ rlw Returning Ofncer shall allow one election agent pe1 ramlidntc ou ~uhnussion nf lonnnl petition hy the candidate indicating nnme und particulars or the ngent along with photograph. He shall be issued a photo identity card duly authenticated by the ltclllrning officer. The Election Agent shall obse1ve the ~~ompliancc nf' !he election piOl'css with rclt-vanl provisions or the 1\ct, Rules and Bye-Laws, Oil bchall ul', and in auchtinn to, lhl· cnndiJatC' who has been validly nominated.
lh. Voting.
(a) <In the dntc nf election, half an hour bcJi.1re the poll, tbc Returning Of11ccr shu II show the empty ballot box to the eanciJdates/election agents ;md scnlthc box with paper seal and cardboard as pc1r rules of State Election Commission lllld th<'n l'tlllllllence the poll.
(h) Voter/ Elector must p11t their sigmrture/ thumb impression in the counted(Jil of the !!allot Paper prior to cast111g of vote
(c) The voting shall be by Secret ballot. The vo1cr shall put cross tllark l ®)against the name of the candidate for wltnm he/she casts his vote and thorcnflc·r he/she shall drop the ballol paper 11110 the bnllot box
(d) Every voter shall have as many votes as there are scats to he IHied up, in as nwny ballot papers as per rule Jtl(d) above
(e) Any contesting candidate or ·his /her authorized election agc11l IIIH)' chnllcngc the identity of the votel' before the issue of lilt' hal lot paper, 1111 pnynwnt or i) 11011 refundable fcc of Rs. I 00 /- for each challenge for whid1 o receipt of the socil'ly shall be iss~JCd by the Retuming Officer.
(f) The Returning Officer shall make summnry cnqui1y nr the challeugc, and if after such enquiry he/she is or the opinion that lhe challenge is not established, he/she shall issue ballot paper to the voter.
(g) F.very voter shall have to produce Elcctornl Photo ldcnlity Card (FPIC) 1ssucd by the Election Commission of India, to the oHicer responsible f(Jl" cstnblish111g identity of the voters.
(h) If the challenge is established, Returning Officer shall not issue ballot paper nnd shall return the challenge fee.
(i) Voting compartments shall be arranged in the style and manner of gcncrnl election.
Q) Separate queue for women voter nre to be fncilitated. Prcferenl~C is to he given to differently abled persons.
(k) One polling agent per candidate shall be able to sit in the polling station premises to establish identity of voters and ensure compliance with the provisions of the Act and rules.
(J) Declaration before the poll, shall be done (in presence of the contesting candidate/ Agent, if present) in the Form No.3 by the Returning Officer and declaration rrom lhe contesting candidate/ Agents extending their satisfaction upon the Bnllot Box before election to be obtained on that fot·m.
Scanned by CamScanner ~.-...... AMGAZBTIE, EXTRAORDINARY, JANUARY27, 2020 {ln)lleclaration after the poU, shall be done (in presence of the contesting c~didate/ Apnt, if present) in the Form No.4 by the Retmning Officer 1md dcclarat~on from the contesting candidate/ Agents extending their satisfaction upon the r:urnes~ of tho election after poll to be obtained before counting and uftcr complellon of the poll on that form.
(n) Ballot Paper account in the Fonn No.5 shall be filled up hy the Returning officer after the poll, copy of which is to be handed over to candidates, if' sought, n ftcr obtaining acknowledgement.
(o) After end of the poll, the ballot boxes shall be sealed as per procedure along with a copy of the ballot paper Hccount. The candidates or their election agents shall affix tJ1cir sig,n and seal if they so desire before depositing the ballot box in the strong room.
(p) Unused ballot papers shall be handed over to the Managing Director/ Chief Executive/Secretary/ Manager of the cooperative society by the Returning Officer who shall acknowledge the receipt in Form No.6.
17. Anangement ut l'olliug station .- ---
(a) The Returning Officer shall provide at each polling station sufficient mm1bcr of Ballot Hoxes, Ballot Papers, copies nf electoral roll pctiaining to lhe society, instnuncnt for stamping and articles necessary for electors to mark the Ballot papers and other stationeries us per Appendix- I. lie shall also pmvide at each polling station such other equipment, accessories and stationeries as rJ<ay be nct:essary f(H taking the poll at such polling station. The Returning Officer may arrange indelible mk.
(b) The Returning Officer shall arrange for polling with more tbnn ouc setup i I there arc more than 1500 voters/ electors in the same polling area.
(c) Returning Offic~r shall enslU'e lhat the society shall arrange for video photography of the proceedings of the poll including counting, in respect of those· polliug stations where ballot boxes as that of State Election Commission are used, which arc to be submitled to the Election Authority.
(d) The Returning Officer in each polling station shall display prominently outside lhc polling station.
(I) A notice specifying the polling area, within the area of operation or the soe1ety, and the particulars of electors to be served by the polling station; and (II) A copy of the list of contesting candidates along with symhols.
tdowing perions shall be allowed.to en~r jn polling station: INb Authority, Returning Officers an<t Other Staff;
•llldC.Iu. tlestion apnt and one polling agent of each candidate Scanned by CamScanner OAZETTE, EXTRAORDINARY, JANUARY 27, 2020
(d) public Servant on duty in connection with clcctwn;
(c) a child in ann accompnnying nn elector;
(f) n person accompanying n blind or infirm vote1· who caiUIOI move withoul help; and
(g) such persons as the Returning Officer may allow ti·mn time to lime fiJr the purpt>se of identifying voters or otherwise assisting the Retutning Oftiecr in conducting the poll.
fl). 1\djoumment of Poll .--· 1St Ia) If lhc continuance of poll is disrupted by circumstances beyond the ctlnlml of the Returning Officer, the Returning Officer shall adjourn the poll ordinru·ily lo lite snmc day in the next week at the same time and place. However, the Returning Offieer rnuy dcdde to adjourn the poll to a later date not later thnn 15 days and the Hlection Authority shall notify re-poll and report to the Registrar of Cooperative Sotieties immediately for arrangement of Departmental Officcr(s) to lllanagc the am1irs of the society, 1 f necessary.
(b) Whenever a; poll is adjourned under sub-rule (a) the Relurni11g Officer shall immediately report. to the Election Authority, the circumstances which compdlcd him to adjourn the poll, and. also inform nbout fixation of new date of poll.
I C) In every such case as afore·said, the Returning Officer shall notify on the duy ol' pnll it sci f the adjournment date, place und hours of polling fixed under sub-rule ( n ).
20. Cuuntemumd of J>oll .- - Thc Returning Officer may countermand the poll, if there is riot. natural calmuilics. gross irregularities and any situation of serious nature which is out of the control of the Returning Officer and Law and Order enforcing machineries.
2J. Strong J{oom. - - -
(a) A strong room for keeping election materials after poll shall be arranged preferably in the nearest Police Station/ Outpost or Treasury Office. All materials to be kept undor seal ami signature of the l{eturning OfTic.er(s). Candidates m agents may also put then· signature on the scaled materials at appropriate spocc '
(s).
(b) Transit of election materials shall be done under strict police sccw·ity to ami from the polling station and stron~ room. Candidates, th~ir electio.n agents may accompany and maintain vigil as per rules on the clectJLll\ matenals kept und~r seal of the Returning Officer. · Z2. Countlae of ~otea .-- -
(a) Counting of votes shall lake place at the venue notified by the Retuming Officer JMII>l'llblnd, with one day break a Ocr the closure of the poll. Aelorc commencement ~-iPit necessary declaration from the candidates and/ or their election apnts ,flkeo. 1'he Re&urnina Officer shall declare the results after coanplctin& the Scanned by CamScanner ASSAMGAZETIE, EXTRAORDINARY,JANUARY27, 2020 counting in Form Nu.7. C01mting of voles shall commence on the notified venue and date ol 8 am.
(b) The Returning Officer shall declare the result of election as soon as the counting is completed indicating the number of voles scoured by each candidate nnd shall also furnish a cerLificutc in writing under his seal u;1d signature to the succcllsful candidate(s) in' Form No.8 The New Board of Directors shall take charge of office 011 the basis of the certificate immediately afler the approval of the Annuai General Meeting proceedings as per the Act.
(c) The Returning Officer shall display the list of elected candidates on the notice bomd ofthc society.
(cl) A copy of the list of elected members, prepared under sub-clause (h) shall be sent In the concerned Election Authority and also to the Chief Executive/ Serretary of 1 he society concerned.
(e) Used ballot pnpers and other records pertaining to the election shall be put in a covel or container and shall be sealed by the Returning Officer. Candidates may also affix his/her se:1l thereon, if he/she so desires. The cover or container so scaled, shall hr;
handed over by the Returning Officer to the Chief Executive Officer of the soc.iety who shall acknuwledgc the receipt in Form No.9, and be responsible for its sarc custody for three months or till such time as· the Election Authority directs.
(f) In case of Cooperative Societies situated in remote areas and difficult terrain (nun motor ahle between the venue of poll and strong room areas) where countu~g o[ vuks after one day break may entail logistic difficulties in such cases, the application of above sub-rule (c) may be relaxed by tlH~ Registrar of Cooperative Societies, Assam on application of the Election Authority concerned. The Registrar of Cooperative Societies, Assam may cull report from District! Sub-Divisional Administration.
wherever and whenever necessary.
23. Re-Eiection.- The ElccLion Authority may order for re-election, after declaring the election null and void for sufficient reasons, and after enquiry, if he is convinced that the process nf election was grossly vitiated or violated contrary to the laws at any stage or the election process.
24. Recounting of Votes.- ( a) The Election Authority may order for re-counting for the entire or for a particular part/ section of votes upon acceptance of cumplaiut petition from contesting cHndidatc(s), before the end of the counting process. Refundable fees of an amount equivalent to IWIJ Limes of the nomination fees arc t~l he deposited. If the complaint is found to be with vested interest or malicious intent, the fees shall be forfeited lo the society.
(b) If there is equality of votes of the candidates of any class/ part/ Sl~ctiun. the Returning Officer shall re-cOl.mt the votes of the particular clas., part/ seGtioft inptwia.tcly If lhe result remains same, the matter shall he decided by dra·wiiiiiE·• ....
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25. Rej tlon of Ballot Paper.- A bnllot puper shnll he rejected if,
(u) ~~does '.lot heur the signutme llnd seal oftlu· Rcturnin~ officer concc:rncd;
(h) ll conlnrns llo marks indicating 11 vote
(c) it contains marks more than the mrrnb~r of seals to be filled;
(d) it is so damaged or mutilated that its identity as a genuine ballot papct eannot he established; and
(e) it cannot be conclusively established, in whose favour the vote has been cast.
26. Expenses of election.- The amount of expenses fur holding election in a Cooperative Society shall be borne by the society and all monetary transactions to be done through society's account:
Provided that a Special Allowance is to be fixed by the Registr:lr of Cooperative Societies (RCS) for Returning Officer and other persons connected with the cond11c1 of election which shall be payable from the funds of the society.
27. Redressal of Dispute.-
(a) Any dispute relating to election of a Cooperative Society may be submitted within 3 (three) days from the date of deciaration of the results, before the Election Authority.
(b) The Election Authority, shall make an enquiry upon the dispute on the basis of the relevant records and pass necessary order(s).
28. Curle of Conduct for Candidate(s) -
(a) Code of conduct is applicable to all candidates from the date of acceptance of nomination for election till the election process is over.
(b) No candidate shall campaign or hang any poster/ banner within 100 meter radius of the polling stati01t
(c) Intimidation by any Candidate/ Agent(s) to any candidntc(s)/ Agent(s) or voter(s) shal I be liable to pWlishment under relevant provisions oflPC and disqualification of candidature.
(d) Bribe, alcohol or any other gratification, prove)l to be extended by any candidate, directly or indirectly, in favour of voters, for influencing them to vote, will make them liable to disqualification.
(e) Election Autflority shall impose other conditions wherever and whenever necessary for free and fair election.
(f) Violation of any provision of the Aot and Rule by the Candidate(s)/ Agent(~) will make them liable to disqualification.
29. Code tf Conduct for Omcers on Election Duty .-
(a) The EJection Authority, Returning Ofticer(s)l Assistant Retwning Officer(s).
Oblervers and any other officer/helper otc. onpaod or detailed for eJection duly thtlllllllintaia ablolute impartiality.
Scanned by CamScanner INARY JANUARY 27, 2020 THE ASSAM OAZE'ITE, EXTRAORD ' . strict cnrnpliant:t' with lhe schedule
(h) They shall maintain tilncliness, Ill . .· ' . . J b tl J:lcctloll Authollt) . . . .
t'lcctlons, a~ lhrccte Y lC ' t lY time shall he lwblc to d1Sc1plir111., · · (' de 11f Conduct n aJ .,
(r) Any Officer vJOiatmg ·0 • . >f dut1cs under Assam St·rvit~ . . d dcrclu;LIOII < action for negligence an (Disciplinary and Appeal) Rules, 1964· .lCI. Maintenance of l.Jaw and Order. - .
1 11 k necessary assistance tiom the I listric[
(il) The Election Authonty s 1a see · . . . .
. . . · · · 1 Officer (Civil)/ Circle Officer and Dtstnct l'ohceJ Admm1strat10n/ Sub-DIVlSJOna t - Sub-Divisional Police Authority wherever and whenever necessary· . .
(b) The District/ Sub-Divisional Administratwn and Departmental Autho_nttcs ~~all d h 1 d · ·tatlCC to the Election Authonty/ Rcturmng Off,t·cr exten necessary e p an assts ' · 11 · tJ 1 t' 11 process by deputing officers and personnel for 111 a matters 111 1c e ec 1 o · maintenance of law and order.
31. Electoral Offence .- A persl)ll shall be guilty of an electoral offence, if at election, he/she, -- (i} fraudulently destroys or fraudulently defaces any nomination paper; or
(ii) fraudulently defences, destroys or removes any list, notice or other documents afftxcd by or w1der the authority of a Returning Officer; or
(iii) fraudulently defaces or destroys any Ballot Paper or the oflicial mark 011 any Ballot Paper or any declaration of identity or official envelope used in connection with voting by person on election duty; or
(iv) without due authority, supplied any Ballot Paper to atly person or rccei ves any Ballot Paper from any person, or is in possession of any Ballot Paper; or
(v) fraudulently puts into any Ballot Box, anything other than the Ballot paper; or
(vi) without due. authority destroys, tnkes, opens or otherwise interferes with any Ballo!
Box or Ballot Papers than in use for the purpose of the. elect ion;
(vii) fraudulently or without due auth01ity, as the case may be, attempts to do any of the foregoing acts or wilfully aids or abets the doing or any such acts; and
(viii) Any person guilty of an electoral offence under this rule shall be reft~rred to the police by lodging First -ln[o1111ation Report (FIR) by the Election Authority/ Kcturning Officer(s).
(32) Eledinn of President and Vice-President.--· After apJJ~oval of the proceedings of the Annual General Meeting/ICiectioD as per section 45, sub-seetaon ( 1) of the Assum Cooperative Societies Act 2007 tl 1 tlon of h P 1 .• d v· p . ' ' te c ec t e rea uent an act•- a·esadent shall be done by secret b 11 t · 1 · f tlie . a o m t 1c first meetmg o Bo1rd of Ulrec:tors as per section 36, sub-section (l) r tl A . 1-.:tl Act,l007. · 0 ac ssam Cooperative Soc"" Scanned by CamScanner Form No.1 Nomination Paper to the Election of Director of Co·operative Society (See Rule 6) 1, Sri/ Smt. (Proposer) ................................................................................ hereby propose the name of Sri/ Smt. (Candidate) ................................................................. as a candidate for the post of director In the unre!.erved/ reserved for woman/ reserved for SC/ST category to the election to be held on ................................. in the AGM /Spi.AGM of the ....................................... ... ......... ..... . ... ... ...... ... .. . ... .... . Co-operative Society ltd.
1 declare that I have no overdue debt, as on the date below, with the society, with any member society of this society or a secondary co-operative to which this society is a member.
My nane (Proposer) appears in the Member list with Right to Vote of the society at 51.. .......
Date:
I, Sri /Smt. (Supporter) ................. ..
Signature (Proposer) Address:
hereby seconded the above proposal.
I declare that I have no overdue debt, as on the date below, with the society, with any member society of this ·society or a secondary co-operative to which this society is a member.
My name appears in Member List with Right to Vote of the society at Sl. ........
Date: Signature {Supporter) Address:
I, Sri /Smt. (Candidate)........................ hereby give my consent with the above proposal. I declare that I have no overdue debt, as on the date below, with the society, with any member society of this society or a secondary co-operative to which this society is a member.
My name appears ill the Member List with Right to Vote of the society at Sl ....... ..
and during the last 5 years I have attended AGM of the society held on ................. .
...................... .... and......... and I have patronized the services of the co-operative Society during the previous financ al year to the extent (lnd in the manner ..................... ..
I am holding. a *minimum sum of deposit Rs. .. ................. with the society for contmuou5 period of ............ ... years from last ..... ..
I declare that the above statements are true to the best of my knowledge and belief; I may be remove from the post of director as per law, in due course of time on the ground of declaration made above proves false.
Date: Signature (Candidate) Address:
···················································································································································· The above proposal is accepted/rejected.
If rejecled, state reason ........................ .
Returning Officer/Asstt. Returning Officer Date:
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No.
AZB'ITB, BXTRAORDINAR.Y, JANUAR.Y 27, 2120 Name of the Candidate Form No.-2 [Rule- 14(a)] Category ...................... .
Ballot Paper Symbol Space for Voting N. 8.- No symbol allotted/earmarked by the Election Commission of India for political parties will be used in the election of cooperative societies.
Scanned by CamScanner ~~ .......... .
lf-.plll~- ~ (Ponn No.2) ~c9f~ (~ )8 <•)) ~ "tftt~<ill~ ................................................ . .,, ............................................ .
~~ tltcfR~ ~~ ~~ ) ~ " 8 Scanned by CamScanner IXTRAORDINARY, JANUARY27, 2020 Form.3 [Rule.16( 1)] DECLARATIONS BY THE RETURNING OFFICER BEFORE THE COMMENCEMENT OF THE POLL Election to the BOO of . . . . . . . .. . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . .. . . . . . .. . . . . . . .. . . . .. . . . . .......... . .
Name of Polling Station .............. ................................. ... .......... ..... ... ... .. ..... . .
Date of Poll ................ . .... .... .............. ..
I hereby declare :
I. that I have demonstrated to the polling agents and other persons present that the ballot box(es) to be used for the poll is/are empty and I have allowed than to note down the serial numbers of the ballot box(es);
2. that I have demonstrated to the pollin!'J agents and others present that the marked copy of the electoral roll to be used during the poll does not contain any marks other than those given by the Election Authority; and
3. I have allowed the polling agents to note the first and the last of the serial numbers of the ballot papers and showed them bundles of ballot which will be used at the polling station.
4. that the candidate/ agents present are satisfied with the process of the polling.
Signature ... .... .. . ..
Presiding Officer Signature-of-candidate( s )/polling-agents:
1.. .. ..... .. (of candidate ................. .. ) 2 ..... .. ...... (of candidate ...... ..................... ) 3 ........ .. .. (of candidate .................. ) 4. ..... . ... (of candidate ... ........ ....... .)
5 ............. . (of candidate .......... ........ .. . ) 6 .......... . .... (of candidate .... .. ...... .. .... ......... ) 7 ... ... .. ....... (of candidate ..... .......... ..... ) B . .. ........... .. (of candidate .. ... ..... .. .......... ..... .... )
9. . ........... (of candidate ................... ) The following polling agent(s) declined to affix his/her signature(s), on this declaration :
1 · (of cand1'date ............. .. ...... ) 2 . ...... .. ....... (of candidate .... .. .. .. ....... ... . . ·············· 3 ................ (of candidate ....... .... .. ........ ) 4 .... ..... .. ... ... (of candidate .. ... .... ....... ... ..... ...... ) Signature ............ .. .......... ... .... ..
Ofle ............... . Presiding Officer Scanned by CamScanner ) AQRDrNARY JANUARY27, 2020 THE ASSAM GAZETTE, EXTI\.n. ' Form-4 [Rule-16 (m)] R .AT THE END OF THE POLL DECLARATIONS BY THE RETURNING OFFICE Election to the BOD of ........................... ...... . ..... ···· · .. ..... ······ Name of Polling Station.......... . .. .....
Date of Poll ... .................... ...... .. .. .. ... .... .. · I han: furnished to the r.:andidclle(s)/pollmg agents. who were present <.It the polling statwn at the dose ol' the poll and whose signatures are a nixed below, an attested copy or each of the entnes Accounts of Votes Recorded to their satisfaction.
Date .......................... Signature ..... .... ......... .... ............. Time ................ Returning Officer.
Received an attested copy of the entries in the account of votes recorded Signature of candidate/polling agents.
1. ............... (of candidate .................. ) 2 ............... (of candidate .... .................... ) 3 ................ (of candidate .................. ) 4 ....... ........ (of candidate .................. ...... ) 5 . ............... (of candidate ...... ............ ) 6 .............. . (of candidate ........................ ) 7 ................ (ofcandidate .................. ) 8 ............... (of candidate ........................ ) 9 ............... . (of candidate .................. ) The following polling agen,ts who were present atthc close of the poll declined to receive an attcste<J copy iUld to give a receipt therefor and so an attested copy of that Fonn was nol supplied to them:
I. ............... (of candidate .................. ) 3 ................ (of candidate .................. ) S • •••••••••.••••• (of candidate .................. ) 7 •••.•......••.•. (of candidate .................. ) 9 •.•••••••••..... (of candidate .................. ) 2 ............... (of candidate ........................ ) 4 ............... (of candidate ........................ ) 6 . .............. (of candidate ........................ ) 8 ............... (of candidate ........................ ) ...................... Signature .................................. Tt"me oeturning Officer. ················ ~ .
Scanned by CamScanner ORDINARY, JANUARY 27, 2020 Fonn ·5 [Rule18 (n)] Ballot Paper Account ~ te the-BaD of .................. , ............... . .............. .................................. ................
NIIM of the Polllnt Stat!on ....................................................................................... ..
Date of'Poll .................................... .
1. ·BaUot Papers received From
2. Bal~t Papers unused a. With the signature of the Returning Officer b. Without the signature of the Returning Officer T.o ·--- Total TOTAL (A+ ll}= --------~ ----- --1-·--- ------·-=----l 3. Ballot Papers ~s~~ued t1:~ters (1- 2) ___ ---4. Ballot Papers Issued at the Polling Station BUT NOT INSERTED IN THE BALLOT BOX Ballot Papers cancelled a. For violation of voting procedure .................
b. For any other reason ........................................
"-·· s. ~allot Papers to be found in the Ballot Box { 3- 4) -----· - .
-............................. . ReturnlnR Officer Scanned by CamScanner THBASSAMOAZETIE,EXTRAORDINARY,JANUARY27, 2020 Form No.6 [Rule-16(p)] Handing Over and Taking Over of Unused Ballot Papers The unused Ballot Papers of different categories are hereby Handed over to the MD/CEO/ Secretary/ Manager of ............. .
Cooperative Societies by the Returning Officer/ ARO for the Election he I d on · tl r ll · d t '] ................... w1 110 owmg e a1 s.
Sl. Category No.
I TOTAL:- Signature MD /CEO/Secretary I Manager ....... Coop: Society.
Date .............. .
Sl. Nos. of Ballot No. of Ballot Papers Papers (From ........ to ...... ) XXX I Signature Returning Officer Time t I It Itt tIt It I It Scanned by CamScanner THEASSAM GAZETTE, EXTRAORDINARY, JANUARY27, 2020 Appendix -I RETURNING OFFICER'S DIARY
1. Elechon to the BOD of ---(in block letters): .. ......... .... ....... .. .. ....... ................. ......... ..
2. Date of poll ..... ... .. .. ..... ... ...... ... ... .... .. .......... .
3. Name of the polling station :. . . . . . . . . . . . . . . . . . . . . . . . . . . ...... .............. .. ..... .. .... ................ .
4. Number of polling officers recruited locally, if any ....... ........ .. ..... .. ..... .. ................... ..
5. Appointment of polling officer made in the absence of duly appomted polling officer, if any. and the reasons for such appointment : ....... .......................... .. ..... ............ -..... ..
6. Number of ballot boxez used : .......... .. ...... .... ... ........................ .. ............ .. .... ...... . .
7. Number of polling agents who arrived late . . . . ......... ...................... ..... . ........... ..
8. Number of candidates who had appointed poll1ng agents at the polling station::; . .......... .
9. a. Number of ballot papers issued according to marked copy of the electoral roll : ...... . .
b. Number of ballot papers actually issued at the polling station : .................. .. ......... .
10. Any other matter e .g. violation of code of conduct etc. should be recorded in detail, if any ..................... .. ........ ..... .. ............ .. ....................................... ........................ ..... ...... . .
······ ······ ...... .. . ······ ·· · ······· ·· .... .. ······· ········ ···· ····· ······ · · ·· · · ·· ······· ····· ······ · ········ ...... .
Signature of Returning Officer
11. Number of electors who voteda. Men .... ... .. .... ... ... ... .. ... .
b. Women ..... .... ......... .. .... .
c. Total ..... .................. . .
12. Challenged votea. Number allowed ........... ... .
b. Number rejected ........ ..... ..
c. Amount forfeited Rs ........... .
Scanned by CamScanner n.rARV. JANUARY 27, 2020 rRAORDu., ' Forn•· 7 11~ule 22(a)l.
Result of Countwg ( ('n tcgory wise) Election to the BOD of ... .. ................. .. ... · · ··· .... ..
Name of Polling Station .. ........ · · · .. · ...
. .. ...
Date of Poll ... ...... .. ·· · · . ....... .
-- r--·- ----- -- -- ..-- Name ofCandfdat~;- -- No. of votes Remarks r Sl. No. obtained - -- __.----- ---- - --- ---- - ft.
:- - - -~ ·- I -
2.
- - -- - -- --- - -- I - - - -
3.
rotal:- - -- - -- -- - - - Whether the total nos. ofvptes shown above tallies with the total no. of votes sho.Wn against item no. 7 of the Ballot Paper Account or any discrepancy noticed between the two Totals: Yes, it tallies.
Pl•u.:e .............. .
Dale...................... Signature of the Returning Officer.
Name and Signature ofCandidate(s)/ Agents Full Signature Place .• : ........... .
Signature of the Returning Officer.
Scanned by CamScanner Form No.8 tRule. 22(b)] XYZ Cooperative Society Ltd.
Address Certificate of Winner This is to certify that Sri/ Stnti ........................ , S/o/ Dlo- . · · · · · · ............................. , Address ......................... , a candidate for the post of Director of .................. Coop: Society Ltd., at election held on ..... / ... ./. .... for the AGM ....... (Year) has secured ............ no. of votes and is declared elected as Director of the said Society.
Returning Officer/ Asstt. Returning Officer B.R.SAMAL, Principal Secretary to the Government of Assam, Cooperation Department.
~-laad.Publiished by the Dy. Director, Directorate of Printing & Stationery, Assam, Guwahati-21.
aJdtlu:oazeue No. 99 -I 0 + 1 o-27 01- 2020. (visitat-dpns.usam.gov.in)