(1) Any candidate may withdraw his candidature by a notice in writing in Form XV signed by him and delivered in person to the returning officer/Assistant Returning Officer 1[or Assistant Returning Officer] at any time after the presentation of the nomination paper but before 3.00 P.M. on the day following the day on which the nomination papers have been scrutinised.
(2) On receipt of such notice under sub-rule (1), the returning officer shall note thereon the date and time at which it was delivered.
(3) No candidate who has given notice of withdrawal of his candidature under subrule (1) shall be allowed to cancel the said notice. A notice of withdrawal of his candidature of a candidate, once given, shall be irrevocable and final.
14-D. Preparation of the list of contesting candidates.- (1)Immediately after the expiry of the period within which the candidatures may be withdrawn, the returning officer shall prepare and publish in Kannada language a list of contesting candidates, that is to say candidates who are included in the list of validly nominated candidates and who have not withdrawn their candidature within the said period, in Form-XVI. A copy of the said list of the contesting candidates shall be published on the notice board of the society on the same day.
Provided that the Co-operative Election Authority may direct that in any election, the list of contesting candidates may be prepared in a language other than Kannada.
(2) The said list shall contain the names in the alphabetical order in Kannada and the addresses as given in the nomination papers of the contesting candidates.
(3) Where a poll becomes necessary, the returning officer shall consider the choice of symbols expressed by the contesting candidates in their nomination papers and shall allot the symbols in accordance with rule 14E.
1. Inserted by Notification No. CO 226 CLM 2014, dated 6-6-2015, w.e.f.6-6-2015
2. Inserted by Notification No. CO 226 CLM 2014, dated 6-6-2015, w.e.f.6-6-2015
3. Substituted for the word “Commission” by Notification No. CO 226 CLM 2014, dated 6-6- 2015, w.e.f.6-6-2015 28
(4) The allotment of any symbol to a candidate shall be final.
(5) Every candidate or his proposer shall forthwith be informed of the symbol allotted to the candidate and be supplied with a specimen thereof by the returning officer.
14-E.Allotment of symbols.-(1) A candidate shall choose one of the free symbols other than those symbols which are allotted to recognized political parties in the State.
Explanation.- For the purpose of this sub-rule, a recognised political party means every political party recognised by the Election Commission of India as a National Party or as a State Party in the State of Karnataka under the Election Symbols (Reservation and Allotment) Order, 1968.
(2) Where a free symbol has been chosen by only one candidate, the returning officer shall allot that symbol to that candidate and to no one else.
(3) Where the same free symbol is chosen by more than one candidate, the returning officer shall decide by lot to which of those candidates that free symbol shall be allotted and shall allot it to the candidate, to whom the lot falls and to no one else.
(4) The returning officer shall then prepare and publish a list of validly contesting candidates with symbols containing the names arranged in alphabetical order in Kannada in Form No.XVI.
14-F Death of a candidate before the poll.-(1) If a candidate for election to the board from any area or constituency. –
(i) dies at any time after 11 a.m. on the last date for making nomination and his nomination is found valid on scrutiny; or
(ii) whose nomination has been found valid on scrutiny and who has not withdrawn his candidature dies and in either case, a report of his death is received at any time before the publication of the list of contesting candidates; or
(iii) dies as a contesting candidate and a report of his death is received before the commencement of the poll, the Returning Officer shall, upon being satisfied about the fact of the death of the candidate and with the prior approval of the Co-operative Election 2[Authority] by order announce an adjournment of the
1.Substituted for the word “Commission” by Notification No. CO 226 CLM 2014, dated 6-6- 2015, w.e.f.6-6-2015
2.Substituted for the word “Commission” by Notification No. CO 226 CLM 2014, dated 6-6- 2015, w.e.f.6-6-2015 29 poll to a date to be announced later and send a detailed report of the facts to the Co-operative Election 1[Authority];
Provided that no order for adjourning a poll shall be made in a case referred to in clause (a) except after the scrutiny of all the nominations including the nomination of the deceased candidate.
(2) The Co-operative Election Authority shall, on receipt of a report from the Returning Officer under sub-rule (1), invite fresh nomination for the said poll from the said area or constituency within seven days of issue of such order:
Provided that no person who has given a notice of withdrawal of his candidature before the adjournment of the poll shall be ineligible for being nominated as a candidate for election after such adjournment.
(3) Where a list of contesting candidates had been published before the adjournment of the poll under sub-rule (1), the returning officer shall again prepare and publish a fresh list of validly contesting candidates from that constituency so as to include the name of the candidate who has been validly nominated 14-G. Procedure in contested and uncontested election.-(1) If the number of contesting candidates in any area or constituency is more than the number of seats to be filled from that area or constituency, a poll shall be taken.
(2) If the number of such candidates in any constituency is equal to the number of seats to be filled from that area or constituency, the returning officer shall forthwith declare all such candidates to be duly elected to fill these seats in Form XIX as may be appropriate.
(3) If the number of such candidates is less than the number of seats to be filled from that constituency or place, the returning officer shall declare all such candidates to be duly elected after withdrawal is over in Form XVII or Form XVIII as may be appropriate and the District Election Officer shall, with the approval of the Co-operative Election Authority call upon the society to elect a person or persons to fill the remaining seat or seats.
14-H. Adjournment of poll in emergencies.-(1) If at an election, the proceedings at any polling station or at the place fixed for the poll are
1.Substituted for the word “Commission” by Notification No. CO 226 CLM 2014, dated 6-6- 2015, w.e.f.6-6-2015
2.Substituted for the word “Commission” by Notification No. CO 226 CLM 2014, dated 6-6- 2015, w.e.f.6-6-2015 30
3.Substituted for the word “Commission” by Notification No. CO 226 CLM 2014, dated 6-6- 2015, w.e.f.6-6-2015 interrupted or obstructed by any riot or open violence, or if at an election it is not possible to take the poll at any polling station or such place on account of any natural calamity, or any other sufficient cause, the returning officer having jurisdiction over such polling station, or place, shall, with the prior approval of the Co-operative Election Authority announce an adjournment of the poll from that polling station or place to a date to be announced later, and where the poll is so adjourned by a presiding officer, he shall forthwith inform the returning officer concerned.
Provided that a report or certificate shall be obtained from the police or Tahsildar to the effect that the poll has been interrupted or obstructed by risk or open violence.
(2) Whenever a poll is adjourned under sub-rule (1), the returning officer shall immediately report the circumstances to the CEC, and shall, as soon as may be, with the previous approval of the Co-operative Election Authority appoint the day on which the poll from that polling station or place shall recommence, and fix the polling station or place at which and the hours during which the poll from that polling station or place shall be taken. The returning officer shall not count the votes cast at such election to the board until such adjourned poll from that polling station or place shall have been completed.
(3) In every such case as aforesaid; the Returning Officer shall announce in such manner as the Co-operative Election 3[Authority] may direct the date, place and hours of polling fixed under sub-rule (2).
(4) If the poll at any polling station is adjourned under sub-rule (1), the Returning Officer shall provide the presiding officer of the polling station at which such adjourned poll is held, with the sealed pocket containing the marked copy of the electoral roll and a new ballot box.
(5) The provisions of rules 14 L to 14 O and 14 Q to 14 X shall apply in relation to the conduct of adjourned poll as they apply in relation to the poll before it was so adjourned.
14-I. Fresh poll in the case of destruction, etc., of ballot boxes.-(1) If at any election,
(i) any ballot box used at a polling station or at a place fixed for the poll is unlawfully taken out of the custody of the Presiding Officer or the Returning Officer, or is accidentally or
1.Substituted for the word “Commission” by Notification No. CO 226 CLM 2014, dated 6-6- 2015, w.e.f.6-6-2015
2.Substituted for the word “Commission” by Notification No. CO 226 CLM 2014, dated 6-6- 2015, w.e.f.6-6-2015 31
3.Substituted for the word “Commission” by Notification No. CO 226 CLM 2014, dated 6-6- 2015, w.e.f.6-6-2015 intentionally destroyed or lost, or is damaged or tampered with, to such an extent, that the result of the poll at that polling station or place cannot be ascertained; or
(ii) any such error or irregularity in procedure as is likely to vitiate the poll is committed at a polling station or at a place fixed for the poll; the Returning Officer shall forthwith report the matter to the Cooperative Election 1[Authority]:
Provided that a report or certificate shall be obtained from the police or Tahsildar to the effect that the polling cannot be continued or counting of votes is rendered impossible.
(2) Thereupon the Co-operative Election Authority shall, after taking all material circumstances into account, either-
(i) declare the poll at that polling station or place to be void, appoint a day, and fix the hours, for taking a fresh poll at that polling station or place and notify the day so appointed and the hours so fixed on the notice board of the returning officer or the assistant returning officer if any, and on the notice board of the society, or
(ii) if satisfied that the result of a fresh poll at that polling station or place will not, in any way, affect the result of the election or that the error or irregularity in procedure is not material, issue such directions to the Returning Officer as it may deem proper for the further conduct and completion of the election.
(3) The provisions of these rules shall apply to every such fresh poll as they apply to the original poll.
14-J. Adjournment of poll or countermanding of election on the ground of booth capturing.- If at any election,-
(i) booth capturing has taken place at a polling station or at a place fixed for the poll (hereinafter in this clause referred to as a place) in such a manner that the result of the poll at that the result of the poll at that polling station or place cannot be ascertained;
or
(ii) booth capturing takes place in any place for counting of votes in such a manner that the result of the counting at that place cannot be ascertained, the returning officer shall forthwith report the matter to the Co-operative Election 3[Authority]:
1.Substituted for the word “Commission” by Notification No. CO 226 CLM 2014, dated 6-6- 2015, w.e.f.6-6-2015
2.Substituted for the word “Commission” by Notification No. CO 226 CLM 2014, dated 6-6- 2015, w.e.f.6-6-2015 32
3.Substituted for the word “Commission” by Notification No. CO 226 CLM 2014, dated 6-6- 2015, w.e.f.6-6-2015
Provided that a report or certificate shall be obtained from the police or Tahsildar to the effect that the result of the poll cannot be ascertained due to booth capturing which has taken place at that polling station or place.
(2) The Co-operative Election Authority shall, on the receipt of a report from the returning officer under sub-rule (1) and after taking all material circumstances into account, either,-
(i) declare that the poll at that polling station or place be void, appoint a day, and fix the hours, for taking fresh poll at that polling station or place and notify the date so appointed and hours so fixed on the notice board of the returning officer or the assistant returning officer if any, and on the notice board of the society, or
(ii) if satisfied that in view of the large number of polling stations or places involved in booth capturing, the result of the election is likely to be affected, or that booth capturing had affected counting of votes in such a manner as to affect the result of the election, countermand the election.
Explanation.- In this rule, the term "booth capturing" includes, among other things, all or any of the following activities, namely:-
(a) seizure of a polling station or a place fixed for the poll by any person or persons, making polling authorities surrender the ballot papers and doing of any other act which affects the orderly conduct of elections;
(b) taking possession of a polling station or a place fixed for the poll by any person or persons and allowing only his or their own supporters to exercise their right to vote and prevent others from free exercise of their right to vote;
(c) Coercing or intimidating or threatening directly or indirectly any member and preventing him from going to the polling station or a place fixed for the poll to cast his vote;
(d) seizure of a place for counting of votes by any person or persons, making the counting authorities surrender the ballot papers or voting machines and the doing of anything which affects the orderly counting of votes.
14-K. Manner of voting.- At every election where a poll is taken, votes shall be given by ballot and all the members or representatives or delegates
1.Substituted for the word “Commission” by Notification No. CO 226 CLM 2014, dated 6-6-2015, w.e.f.6-6-2015 33 voting at an election shall do so in person at the polling station and no v shall be received by proxy.
14-L. Ballot paper and ballot box.-(1) Every ballot paper shall have a counterfoil in Form XVII.
(2) Serial number of the ballot paper and its counterfoil shall be printed on the left hand side on the back of the ballot paper.
(2A) Separate ballot paper shall be printed for each constituency or seat as the case may be, if necessary."
(3) If two or more candidates bear the same name, they shall be distinguished by the addition of their residence or occupation or in some other manner.
(4) The ballot paper shall contain the names of the contesting candidates arranged in alphabetical order in Kannada typewritten, cyclostyled or printed, according to convenience. The ballot paper shall also bear the seal of the returning officer or presiding officer with his initials on its reverse. Further, the ballot paper shall contain a column for the voter to inscribe mark “x” against the name or names of the candidates to whom he wants to vote.
(5) For the purpose of printing of ballot papers, the returning officer/ Assistant returning officer shall choose any capable press.
(6) The returning officer/assistant returning officer shall arrange the ballot box/ boxes locally. The ballot box shall be made of tin or any other metal.
14-M. Arrangement at polling stations.-(1) Outside each polling station there shall be displayed prominently.-
(a) a notice specifying the polling area and the particulars of the voters (members /representatives/delegates) entitled to vote at the polling station; and
(b) a copy of the list of contesting candidates.
(2) At each polling station, there shall be set up one or more voting compartments in which the voters can record their votes screened from observation.
(3) The returning officer shall provide at each polling station a sufficient number of ballot boxes, copies of the electoral roll, ballot papers, instruments for stamping the distinguishing mark on the ballot papers and articles necessary for the voters to mark the ballot papers, and such other materials as are necessary for the conduct of the poll.
1.Sub-rule (2-A) inserted by Notification No. CO 226 CLM 2014, dated 6-6-2015, w.e.f.6-6-2015 34
(4) Canvassing or soliciting of votes during the conduct of election shall be strictly prohibited within one hundred meters from the polling station or the place of polling.
Rule14N; Admission to the polling stations.- The presiding officer shall regulate the number of voters to be admitted at any one time inside the polling station and shall exclude there from all persons other than-
(a) polling officers;
(b) public servants on duty in connection with the election;
(c) persons authorized by the District Election Officer and the Co-operative Election Authority
(d) either the candidate or his authorised agent
(e) a child in arms accompanying a member;
(f) a person accompanying a blind or infirm voter who cannot move without help;
(g) such other persons as the returning officer or the presiding officer may employ for the purpose of election.
Rule14-O; Identification of voters.-(1) A register shall be kept at the place of election and every voter shall before affixing his signature in the register kept for the purpose produce identity card issued under Rule 13 and then sign in the register and proceed to secure the identification slip.
(2) As each voter enters the polling station, the presiding officer or the polling officer authorized by him in this behalf shall check the voter’s name and other particulars with the relevant entry in the electoral roll and then call out the serial number, name and other particulars of the elector.
(3) In deciding the right of a person to obtain a ballot paper, the presiding officer or the polling officer, as the case may be, shall overlook merely clerical or typing or printing errors in an entry in the electoral roll if he is satisfied that such person is identical with the voter whom such entry relates.
Rule14P; Preparation of ballot boxes for poll.-(1) Immediately before the commencement of the poll, the presiding officer shall demonstrate to the candidates that the ballot box is empty and bears the labels.
(2) The ballot box shall then be closed, sealed and secured and placed in full view of the presiding officer and the candidates.
35
1.Substituted for the word “Commission” by Notification No. CO 226 CLM 2014, dated 6-6-2015, w.e.f.6-6-2015
(3) Where a seal is used for securing a ballot box, the presiding officer shall affix his own signature on the seal and obtain thereon the signatures of such of the candidates present as are desirous of affixing the same.
(4) Every ballot box used at a polling station shall bear labels, both inside and outside, marked with,
(a) The serial number, if any, and the name of the constituency/class.
(b) the serial number and name of the polling station;
(c) the serial number of the ballot box (to be filled in at the end of the poll on the label outside the ballot box only); and
(d) the date of poll.
Rule14Q; Issue of ballot papers to the voters.-(1) Every ballot paper before it is issued to a voter, and the counterfoil attached thereto shall be stamped on the back with such Society's seal with signature of retuming officer as the voter may direct, and every ballot paper, before it is issued shall be signed in full on its back by the presiding officer.
(2) At the time of issuing a ballot paper to a voter, the polling officer shall,
(a) record on its counterfoil the electoral roll number of the voter and obtain his signature or thumb impression on the said counterfoil;
(b) mark the name of the voter in the electoral roll to indicate that a ballot paper has been issued to him, without, however, recording therein the serial number of the ballot paper issued to that voter.
Provided that no ballot paper shall be delivered to a voter unless he has put his signature or thumb impression on the counterfoil of that ballot paper.
Provided further that all the voters who have obtained identification slips by producing the identity card before the time fixed for closing the poll and who are present at the polling station shall be issued a ballot paper and allowed to vote.
36 Rule14R; Maintenance of Secrecy of voting within the polling station and voting procedure.- Every elector, to whom a ballot paper has been issued, shall maintain secrecy of voting within the polling station and for the
1.Substituted for the word “distinguishing marks” by Notification No. CO 226 CLM 2014, dated 6-6-2015, w.e.f.6-6-2015 purpose observe the voting procedure laid down by Co-operative Election Authority Rule14S; Recording of votes of blind or infirm voters.-(1) If the presiding officer is satisfied that owing to blindness or other physical infirmity, a voter is unable to recognize the symbols on the ballot paper or to make a mark thereon without assistance, the presiding officer shall permit such member to take with him a companion of not less than eighteen years of age to the voting compartment for recording the vote on the ballot paper on his behalf and in accordance with his wishes, and, if necessary, for folding the ballot paper so as to conceal the vote and inserting it into the ballot box;
Provided that no person shall be permitted to act as the companion of more than one voter at any polling station on the same day; Provided further that before any person is permitted to act as the companion of a voter on any day under this rule, the person shall be required to declare that he will keep secret, the vote recorded by him on behalf of the voter and that he has not already acted as the companion of any other voter at any polling station on that day.
(2) The presiding officer shall keep a record in this respect as provided below,- Statement of Illiterate, Blind and Infirm Voters Election of the directors of ................................................... (name of the cooperative society) SL.No.of the Voter Full name of Voter Full name of Companion Address of Companies Signature of Companion.
Signature of the P.O.
Rule14T; Closing of poll.- After the polling is over,
(i) the presiding officer shall close the polling station at the hour fixed in that behalf and shall not thereafter admit any member into the polling station. Provided that all the members present at the polling station 37
Provided that all the members present at the polling station before it is closed shall be allowed to cast their votes.
1.Substituted for the word “Commission” by Notification No. CO 226 CLM 2014, dated 6-6-2015, w.e.f.6-6-2015
(ii) If any question arises whether a member was present at the polling station before it was closed, it shall be decided by the presiding officer and his decision shall be final.
Rule14U; Sealing of ballot boxes after the poll.-(1) As soon as practicable after the closing of the poll, the presiding officer shall close the slit of the ballot box, seal up the slit and thereafter the ballot box shall be sealed and secured.
(2) Where it becomes necessary to use a second box by reason of the first ballot box getting full, the first ballot box shall be closed, sealed and secured before any other ballot box is put into use.
Rule 14V; Account of ballot papers.- The presiding officer shall, at the close of the poll, prepare a ballot paper account in Form XVIII and enclose it in a separate cover with the words “Ballot Paper Account” super scribed thereon.
Rule14W; Sealing of other packets.-(1) The presiding officer shall then make into separate packet-
(a) the marked copy of the electoral roll;
(b) the counterfoils of the used ballot papers;
(c) the ballot paper signed in full by the presiding officer but not issued to the members;
(d) any other ballot papers not issued to the voters;
(e) the ballot papers cancelled for violation of voting procedure;
(f) any other cancelled ballot papers;
(g) any other papers directed by the CEC to be kept in a sealed packet.
(2) Each such packet shall be sealed with the seal of the presiding officer and with seal either of the either the candidate or his authorized agent who may be present at the polling station and may desire to affix his seal thereon.
Rule14X; counting of votes.-(1) After the polling is over, the presiding officer/polling officer shall close the poll and deliver the sealed ballot box to the returning officer who shall arrange for counting of votes immediately. Votes shall be counted by or under the 38 supervision of the returning officer or the assistant returning officer. Each candidate or his authorised agent shall have a right to be present at the time of counting. But the absence of any candidate or his agent at the time of counting shall not vitiate counting or
1.Substituted for the word “candidate or of his authorised agent” by Notification No. CO 226 CLM 2014, dated 6-6-2015, w.e.f.6-6-2015 announcement of results by the returning officer. The CEC has to issue guidelines in this regard.
(2) After the counting of all ballot papers contained in all the ballot boxes used in an cooperative society has been completed, the returning officer shall make the entries in a result sheet in Form-XXI and announce the particulars.
Rule14Y; Declaration of result of election and returns to CEC.-(1) After the counting is over-
(i) the candidate who has secured the largest number of valid votes shall be declared as elected.
(ii) If equality is found to exist between the candidates to be declared elected, the Returning Officer shall forthwith decide between these candidates, by drawing lots and the candidate in whose favour the lot falls shall be considered to have received an additional vote.
(2) After the completion of the counting of votes, the Returning Officer shall declare the result of the elections immediately and publish the list of elected candidates on the notice board of his office and also on the notice board of the society and deliver a copy of it to the Chief Executive of the society on the same day in Form XXII. He shall immediately thereafter record the proceedings of the election in a comprehensive report which shall form part of the election records and shall be binding on all. The returning officer shall immediately also furnish a copy of such a report together with a copy of the return of the results of polling to the chief executive of the society and send signed copies thereof to the District Election Officer and the CEC.
Rule14Z; Grant of certificate of election to the elected candidate.- As soon as may be after a candidate has been declared to be elected by the returning officer, the returning officer shall grant to such candidate a certificate of election in Form XXIII and obtain from the candidate anacknowledgement of its receipt duly signed by him and immediately send the acknowledgement to the District Election Officer.
Rule14AA; Election expenses.- All expenditures like stationary, printing, postage, Xeroxing, fax, rent for the ballot boxes, indelible ink, police security and such other items of 39 expenditure related to the election of representatives or directors of a cooperative society shall be borne by the society. Expenditure towards preparation of electoral roll, the travelling and other allowances and also remuneration payable to the returning officer, assistant returning officer, presiding officer and other polling personnel shall also be borne by the society itself at such rates as may be fixed by the CEC from time to time.
Rule14AB; Custody of ballot boxes and papers relating to election.- (1)All ballot boxes used at an election shall be kept in such custody as the in the custody of the chief executive of such Co-operative Society.
(2) Chief Executive Officer shall keep in safe custody.
(a) the packets of unused ballot papers with counterfoils attached thereto;
(b) the packets of unused ballot papers whether valid or rejected,
(c) packets of counterfoils of used ballot papers;
(d) the packets of the marked copy of the electoral roll; and
(e) the packets of the declaration by voters and the attestation of their signatures, and
(f) all other papers relating to election.
Rule14AC; Production and inspection of election papers.-(1) While in the custody of the returning officer,-
(a) the packets of unused ballot papers with counterfoil attached thereto;
(b) the packets of used ballot papers whether valid or rejected;
(c) packets of counterfoils of used ballot papers;
(d) the packets of the marked copy of the electoral roll and
(e) the packets of the declaration by voters and the attestation of their signatures.
shall not be opened and their contents shall not be inspected by or produced before, any person or authority except under the orders of a competent court.
(2) Subject to such conditions and to the payment of such fee as the CEC may direct.
(a) all other papers relating to the election shall be open to public inspection; and
(b) copies thereof shall on application be furnished.
40
(3) Copies of the returns forwarded by the returning officer shall be furnished by him on payment of a fee of two rupees for each such copy.
1.Substituted for the word “such custody as the CEC may direct” by Notification No. CO 226 CLM 2014, dated 6-6-2015, w.e.f.6-6-2015
2.Substituted for the word “Returning Officer” by Notification No. CO 226 CLM 2014, dated 6-6- 2015, w.e.f.6-6-2015 Rule14AD; Disposal of election papers.- Subject to any directions to the contrary given by the CEC or by a competent Court,-
(a) the packets of unused ballot papers shall be retained for a period of six months and shall thereafter be destroyed in such manner as the CEC may direct
(b) the other packets, shall be retained for a period of one year and shall thereafter be destroyed.
Provided that packets containing the counterfoils of used ballot papers shall not be destroyed except with the previous approval of the CEC.
(c) all other papers relating to the election shall be retained for such period as the CEC may direct.
Rule14AE; Return or forfeiture of candidate’s deposit.-(1) The deposit made under rule 14A shall either be returned to the person making it or his legal representative or be forfeited to the cooperative society;
(2) Except in cases mentioned in this rule, the deposit shall be returned as soon as practicable after the result of the election is declared.
(3) If the candidate is not shown in the list of contesting candidates or if he dies before the commencement of this poll, the deposit shall be returned as soon as practicable after the publication of the list or after the death, as the case may be.
(4) Subject to the provisions of sub-rule (3), the deposit shall be forfeited if at an election where a poll has been taken the candidate is not elected and the number of valid votes polled by him does not exceed one sixth of the total number of valid votes polled by all the candidates divided by the number of members to be elected.
Provided that in the case of a candidate belonging to backward classes, scheduled castes, the scheduled tribes or women, the deposit shall not be forfeited unless the number of valid votes polled by him/ her is less than one tenth of the total number of valid votes polled.
41 Rule14F; Report of casual vacancy in a cooperative society.- When a casual vacancy occurs in the office of a representative or director the chief executive of the cooperative society shall give notice of such vacancy within seven days from the date of if the remaining term of the office of the board is more than half of its original term to the CEA The CEA shall conduct elections within sixty days from the date it being notified about the occurrence of any casual vacancy in the office of a director or representative of a cooperative society to fill up such casual vacancy in the manner provided in these rules.
1. Inserted by Notification No.CO 226 CLM 2014, dated 6-6-2015, w.f.e.6-6-2015.
Rule14AG; Election of the office-bearers –(1) The Returning Officer appointed for the conduct of general election of directors to the board shall be the Returning Officer for the conduct of election of the office bearers also.
(2) Whenever a casual vacancy occurs in the office of the President or Vice-President, or any other office bearers, the Chief Executive shall send a communication to the CEC conveying the occurrence of such vacancy within seven days from the date of occurrence of the vacancy. The CEC shall take steps for conducting election to fill up the casual vacancy in the office of the President or Vice President or any other office bearer as the case may be, and appoint a returning officer for the purpose of the conducting election to till casual vacancy.
(3) The Returning officer/Assistant Returning Officer, appointed under sub-rule (1) or sub-rule (2), shall within fifteen days, from the date of constitution or deemed constitution of the board after a general election of the board or from the date of appointment as per sub-rule(2) convene a meeting of all the directors for electing the chairperson/President, Vice Chairperson /Vice-President and such other office-bearers as are required to be elected under the byelaws of the co-operative society. The meeting shall be convened by giving a notice of seven clear days sent by registered post, or personal delivery under acknowledgement indicating the date, time and venue of meeting.
(4) Not less than two hours before the time fixed for the meeting for the election of President or Vice-President or any other office-bearers, any member of the board desirous of being elected as the president or vice president or any other office-bearer, as the case may be, may submit his nomination by delivering the nomination paper in Form XXIV to the Returning Officer. Such nomination shall be proposed by another member of the board eligible to do so and seconded by a third member of the board eligible to do so.
(5) No director shall propose or second under sub-rule (4) more than one candidate for the office of the President or vice-President or any other office bearer of the society.
Provided that if any director has proposed or seconded more than one candidate for the office of the President or Vice-President or any other office bearer of the society, the nomination which is received first shall be considered for scrutiny.
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(6) The Returning Officer appointed under sub-rule (1) shall preside over the meeting of the board convened for the purpose of electing the office
1. Inserted by Notification No.CO 226 CLM 2014, dated 6-6-2015, w.f.e.6-6-2015.
2. Inserted by Notification No.CO 226 CLM 2014, dated 6-6-2015, w.f.e.6-6-2015.
bearers or filling up the casual vacancy in the office of the President or Vice President as the case may be.
(7) After the commencement of the meeting, the Returning Officer shall scrutinize all such nomination papers and shall read out to the directors present at such meeting, the names of the directors who in his opinion have been duly nominated, together with those of the proposers and the seconders.
(8) Any candidate may withdraw his candidature by notice in writing duly signed by him and delivered to the Returning Officer within thirty minutes after the scrutiny of the nomination papers.
(9) The notice of withdrawal shall be given in writing by the candidate in person.
(10) No director who has given a notice of withdrawal of his candidature under sub-rule (8) shall be allowed to cancel the notice of withdrawal
(11) The Returning Officer shall, on being satisfied as to the genuineness of the notice of withdrawal and the identity of the director delivering it under sub-rule (9) read out to the directors present at such meeting the name/names of the person/ persons withdrawing his/their candidature.
(12) After the time fixed for withdrawal is over, if for any office for which election is to be held, the number of candidates who have been validily nominated and have not withdrawn their candidature in the manner and within the time specified, does not exceed the number of candidates to be elected for that office, the Returning Officer shall forthwith make a declaration that the validly nominated candidate shall be deemed to have been elected for that office.
(13) If the number of validly nominated candidates for any office exceeds the number of candidates to be elected for that office, the Returning Officer shall proceed to take a poll by secret ballot as hereinafter provided.
(14) The votes shall be taken by secret ballot and the directors voting for and against any candidate shall record their votes in the ballot papers supplied to them.
(15) Any director present at the meeting may refrain from voting if he so chooses to do.
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(16) After the voting by all the directors present and wishing to vote is over, the Returning Officer shall count the votes and declare the candidates who have secured the highest number of valid votes to have been duly elected.
(17) When an equality of valid votes is found to exist between any two or more candidates and the addition of one vote will entitle any of those candidates to be declared elected, the Returning Officer shall forthwith decide between those candidates by lot in such manner as he may determine and proceed as if the candidate on whom the lot falls has received an additional vote. He shall thereafter declare the candidate on whom the lot falls to have been duly elected.
(18) The Returning Officer shall cause a record of the minutes of the meeting which shall contain the names of all the members present. The minutes shall be signed by the Returning Officer, the chief executive as also the directors present and wishing to sign. The minutes shall be made available to any member for inspection
(19) The Returning Officer shall immediately thereafter record the proceedings of the election in a comprehensive report which shall form part of the records of the election and shall be binding on all. The Returning Officer shall also furnish a copy of such a report together with a copy of the return of the results of the polling to the chief executive of the society and send a report to the District Election Officer and CEC.
(20) After declaration of the result of election, the Returning Officer shall hand over the ballot papers and records relating to the election of the office-bearers to the chief executive of the society in a sealed cover. These shall safely be preserved by the chief executive of the society for a period of six months from the date of election or till such time a dispute or an appeal regarding the election, if any, filed is disposed of whichever is later and shall thereafter be destroyed.
Rule14AH; Elections to the first board after registration.– The provisions of Rules 13 B to 13 G and 14 to 14 AG shall, mutatis mutandis, apply to the election of the first board after registration of a society.
Provided that no list of defaulters as contemplated under Rule 13E(7) is required to be published.
Rule14AI; Election of the office- bearers in the first board.–The provisions of Rule 14AG shall mutatis mutandis apply to the election of the office bearersb of the first board of the society after registration.
Rule14AJ; General meetings(1) The board of a co-operative society may, at any time, call a general meeting of its general body.
Provided that one such meeting known as annual general meeting shall be held within the twenty fifth day of September every year to transact the business stated in Section 27.
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(2) The chief executive, after the board decides the date and time of the general meeting to be convened, shall convene the annual general meeting by giving a notice of at least fifteen clear days as specified in the bye-laws. However in the case of exigency, a special general meeting may be convened by giving a notice of atleast ten clear days in writing. The notice may be sent in the following modes, namely:
(a) by ordinary post; or by bulk post or by courier
(b) by e-mail, sms; or
(c) by local delivery under proper receipt; and
(d) by publication in the newspaper having wide circulation in the area of operation.
(3) When a special general meeting is called by the Registrar or any person authorised by him under sub-section (3) of Section 27 or a special general meeting under sub-section (2) of Section 28, he may determine-
(i) the period of notice of such meeting which shall not be less than ten clear days, as the case may be;
(ii) the time and place of such meeting; and
(iii) the subjects to be considered in such meeting.
The Registrar or any person authorized by him may preside over such meeting.
(4) The meeting notice shall clearly state the place, date, time and agenda of the meeting. The Chief Executive shall send detailed notes on each of the subjects in the agenda including a copy each of the audited balance-sheet, profit and loss account, together with the auditor’s report thereon relating to the preceding year, a report on the follow up action taken by the board on the audit report for the preceding year and the proposal to amend the byelaws if any with the text of the proposed amendment along with the notice of the meeting.
However the chief executive should also make available at the office the detailed notes on all the subjects in the agenda and complete auditor's report relating to the preceding year, to the members who are desirous of such information.
(5) The quorum for the general meeting shall be the attendance of ten percent or thousand in numbers which ever is less of the total number of members with right to vote of the general body of the co-operative society. No business shall be transacted at any general 45 meeting unless there is a quorum at the time when the business of the meeting is due to commence.
(6) If there is no quorum within an hour from the time fixed for the meeting, such meeting shall be adjourned.
1. Inserted by Notification No.CO 226 CLM 2014, dated 6-6-2015, w.f.e.6-6-2015.
2.Substituted for the word “Tweny percent” by Notification No. CO 226 CLM 2014, dated 6-6-2015, w.e.f.6-6-2015
Provided that a meeting which has been convened on the requisition of the members shall not be adjourned but dissolved.
(7) If at any time during the meeting when any business is being transacted sufficient number of members are not present to form the quorum, such business shall not be transacted and the chairperson or the member presiding over the meeting, on his own or on his attention being drawn to this fact, shall adjourn the meeting and the business that remains to be transacted at this meeting, if any, shall be disposed of in the usual manner at the adjourned meeting.
(8) When the meeting is adjourned under either sub-rule (6) or subrule
(7), the adjourned meeting shall be held on that day itself or at such place and on such date and time as may be fixed by the chairperson of the meeting within seven days from the date of adjournment. In such an adjourned meeting, no subject other than those listed in the agenda of the meeting adjourned shall be discussed and the decisions taken. Even for the adjourned meeting, there shall be the required quorum for consideration of the subjects.
(9) The business which could not be considered at the meeting so adjourned for want of quorum shall be brought before and disposed of at a meeting so fixed or at any subsequent meeting at which there is a quorum.
(10) All decisions shall be taken by a simple majority of the members present in the general meeting unless stated otherwise in the Act, the rules or the bye-laws. When there is an equality of votes for or against a decision on any subject other than election, the chairperson of the meeting shall have a second or casting vote.
(11) If for any reason, the president or the chairperson is unable to attend the meeting of the general body, the vice-president or the vicechairperson, or in his absence, any other member of the board elected by the directors present at the meeting from among themselves shall preside over the said meeting.
(12) The chief executive shall record the minutes of the proceedings of the meeting truly and accurately as per the deliberations in the meeting in the book kept for the purpose with its pages consecutively numbered. When any member expressed dissent in the deliberation on any subject, the Chief Executive shall record the same truly and accurately.
The minutes of the meeting shall contain a fair and correct summary of the deliberations thereat.
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(13) The proceedings of each meting so recorded by the chief executive shall be signed by him and the chairperson of the meeting.
(14) The chief executive shall send a certified copy of the minutes of the meeting to all the members, the Registrar and the financing bank within thirty days from the date of such meeting and publish a certified copy on the notice board of the co-operative society.
(15) The books containing the minutes of the proceedings of any meeting shall-
(a) be kept at the registered office of the co-operative society; and
(b) be open during business hours, to the inspection of any member of the cooperative society.
Rule14AK; Board Meetings.(1) The board may meet as and when required for transacting the business stated in Section 28C of the Act, or the byelaws.
Provided that the interval between two consecutive meetings of the board shall not exceed three months.
(2) The chief executive shall convene a meeting of the board, in consultation with the chairperson or president of the co-operative society, by giving a notice of at least seven clear days as specified in the bye-laws. In exigencies, a meeting of a board may be convened by giving a notice of at least of three clear days. The notice may be sent in the following modes, namely:
(a) by speed post; or
(b) by courier; or
(c) by local delivery under proper receipt
(3) The notice shall state clearly the place, date, time and agenda of the meeting. The Chief Executive shall send detailed notes containing the pros and cons, the provisions of law if any and the financial implications on each subject on the agenda along with such notice.
(4) The number next to fifty per cent of the strength of the board as specified in the bye-laws shall form the quorum for a meeting of the board. the members who are all attending the meeting shall sign in the Book kept for the purpose before commencement of 47 the board meeting. If there is no quorum at the time of transacting any business in any meeting of the board, no such business shall be transacted.
(5) The provisions of sub-rules (6) to (10) and (12) to (15) of rule 14AJ shall, mutatis mutandis apply to the board meetings.
(6) Normally no subject other than those listed in the agenda shall be taken up for discussion. However, if there is no sufficient time to wait for the
1. Inserted by Notification No.CO 226 CLM 2014, dated 6-6-2015, w.f.e.6-6-2015.
decision on any subject in the next meeting of the board, such subject may be taken up for discussion and decision as an additional subject with the permission of the Chairperson of the meeting after giving necessary notes on such subject to all the directors and after discussion and decision on all the subjects listed on the agenda; Provided that no subject relating to the following matters shall be taken up for discussion and decision as additional subject, namely a) election of directors;
b) election of office-bearers;
c) filling up the post of a director by co-option;
d) filling up the post of a casual vacancy of a director by cooption;
e) imposition of penalties against the employees; and f) any subject involving financial implication;
Further provided that no additional subject is placed without relevant additional agenda notes.
(7) The board shall not take any decision which is contrary to the provisions of the Act, the Rules or the bye-laws or detrimental to the interest of the co-operative society. The directors shall be jointly and severally liable for any decision taken contrary to the provisions of the Act, the Rules or the bye-laws or any decision detrimental to the interest of the cooperative society
(8) The Chief Executive shall record the minutes of the meeting truly and accurately as per the deliberations. The proceedings of each meeting in the minutes book shall be signed by the chief executive and the chairperson of the meeting. The minutes of the meeting shall contain a fair and correct summary of the proceedings thereat.
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(9) When any director expresses dissent in the deliberations on any subject, the Chief Executive shall record the same truly and accurately as per the deliberations in the minutes of the meeting. The minutes of the meeting so recorded and signed shall be sent to all the directors within seven days from the date of meeting.
(10) If any director has any objection relating to recording of any decision on a subject on the ground that the said decision has not been recorded as per the decision taken in the meeting or the said subject was not discussed in the meeting, he shall communicate his opinion within three days from the date of receipt of the minutes of the meetings. In the event of a majority of the directors communicating such objection on any decision, the Chief Executive shall not implement such decision but shall place the same in the next meeting of the board.
(11) If for any reason, the president or the chairperson is unable to attend the meeting of the general body, the vice-president or the vice chairperson, or in his absence, any other member of the board elected by the directors present at the meeting from among themselves shall preside over the said meeting.
(12) Where in any meeting of the general body or board of a cooperative society, another co-operative society is to be represented, such cooperative society shall be represented in such meeting only through chairperson or president or a member of the board duly authorized by the board of such co-operative, as the case may be and where there is no board of such co-operative society, for whatever reasons, through the administrator or the special officer of such co-operative society.
Rule14AL; Reservation in favour of S.C. / S.T.s, Women and Backward Classes on the board.- Where the board of a cooperative society is elected on area/ constituency basis, the constituencies where reservation of seats shall be provided for in favour of S.C. / S.T.s, Women and Backward Classes on the board shall be decided in the Annual General Meeting preceding the date of the general election of the board and shall be subject to such guidelines as may be issued by the Government in this behalf. It shall be ensured that the reservation of seats shall be so rotated that all the constituencies are covered under reservation in a phased manner.
Provided that if in a constituency reserved for SC, ST, Women or Backward Classes a member belonging to that caste or class or category residing within that constituency is not available, a member from any other constituency but within the area of operation of the society may contest from that reserve constituency.
Rule 14ALA; Rotation of backward classes seats.: Two seats reserved for backward classes shall be filled up as following, namely,-
(i) all the seats for the first term shall be filled by candidates from category 'A'and
(ii) all the seats for the second and third term shall be filled by candidates from category 'A' 49 and 'B'and
(iii)all the seats for the fourth term-shall be filled up by candidates from category 'A' ;
and this process shall be continued sequentially.
1.Substituted for the word “CEC” by Notification No. CO 226 CLM 2014, dated 6-6-2015, w.e.f.6-6-
2015.
2. Rule 14-ALA inserted by Notification No. CO 226 CLM 2014, dated 6-6-2015, w.e.f.6-6-2015.
Provided that the Registrar of Co-operative Societies shall issue clarifications /directions /Instructions in this regard, if necessary."
Explanation:- Backward classes consisting of category "A" and "B" means as prescribed m Kamataka Panchayat Raj Act.]
Rule 14AM; Powers and Functions of the chief executive-(1) In addition to the powers stated in sub-sections (4) and (5) of Section 29G, the chief executive shall have the following powers and duties-
(1) furnish to the board periodical information necessary for apprising the operations and functioning of the society.
(2) present the draft annual report and financial statements for approval of the board within thirty days of the closure of the cooperative year.
(3) be responsible for the general conduct, supervision, control and management of the day to day business and affairs of the society;
(4) be responsible for the general supervision and control over the employees of the society including the power to sanction leave, to impose any punishment or suspend them;
Provided that, where the power of keeping the employee under suspension pending enquiry or imposing any punishment is not conferred expressly on him under the bye-laws or the service regulations of the society, such suspension or punishment shall be imposed with the approval of the board
(5) Arrange for proper maintenance and custody of cash balance, stock and other properties of the society;
50
(6) Pay all costs of management and working expenses out of the funds of the society; ’
(7) Issue notices for meetings of the general body, board and subcommittees if any, along with the agenda and the notes on each subject in the agenda;
(8) Remain present in all meetings of the general body, the board and sub committees, if any, and produce all the papers and information required at such meetings and sign, along with the chairperson, the minutes of such meetings;
(9) Present the annual financial statements for the previous year along with schedules, returns and other statements for audit with the approval of the board before the auditor or auditing firm within thirty days of the closure of the cooperative year.
(10) Place before the board the reports of audit under section 63, inquiry under section 64 and inspection under section 65 along with actions that may be taken to rectify the defects or remedy the irregularities noted in the said reports;
(11) Send the reports of compliance on the rectification of the defects and remedying of the irregularities noted in the said reports after approval by the board and continue to send such rectification reports to the Director of cooperative audit or the Registrar, as the case may be, periodically till all such defects are rectified and such irregularities are remedied,
(12) Institute, defend, conduct, compound or abandon any suit or other legal proceedings by or against the society and enter into compromise or arbitration with the creditors and debtors of the society with the approval of the board.
(13) If any director of the cooperative society is eligible to continue in his post, under the Act, rules and bye-laws it has to report to the jurisdictional Registrar within thirty days.
(14) Submit such information, reports and returns concerning the affairs of the society as may be required by the Registrar from time to time:
(15) In respect of an apex society, the chief executive -
(i) shall have power to transfer the employees in consultation with the chairperson;
(ii) may place an employee under suspension, where a disciplinary enquiry into the charges against him is contemplated or pending;
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(16) When the post of the Chief Executive is vacant or during his absence on leave, the current routine powers and duties of the chief executive shall, be performed by the officer next below him].
(17) If any decision or resolution is taken by the board of a Co-operative Society in clear contravention of the Act, Rules or byelaws, such decisions shall not be carried out and the Chief Executive shall report the matter to the jurisdictional Registrar].
1. Sub-rule (17) inserted by Notification No. CO 226 CLM 2014, dated 6-6-2015, w.e.f.6-6-2015.
[15: (1)Remuneration payable to the administrator and special officer- Any officer or employee of the Government or a Cooperative organization may be appointed as administrator or special officer of a cooperative society of the Act-
(i) if he is appointed on full time basis, his pay and other allowances shall be borne by the cooperative society. The service rules applicable to him in the department or organization shall continue to govern his service as special officer of the society;
(ii) if he is appointed as administrator/special officer in addition to his regular post, he shall be paid remuneration at the rate of ten percent of his basic pay out of the funds of the cooperative society. The service rules applicable to him in the department or organization shall continue to govern his service as administrator/ special officer of the society.]
[16: Disqualification for membership of committee; x x x x x ] Rule17: (1)Officers and employees of Co-operative Societies qualifications, etc:
(1) Subject to the budget allotment sanctioned by the General Body, the Managing Committee of the Co-operative society shall from time to time determine the strength of the establishment of the Co-operative society keeping in view the work load and the Business requirements of the Co-operative society and the scale of pay and other allowances admissible to each employee of the establishment thereof with reference to the financial position of the Co-operative society:
Provided that in respect of a Co-operative society which is under loss continuously during the preceding three years or where there is an accumulated loss or where the ratio of establishment expenditure to the working capital or turn over as at the end of preceding three years exceed two per 52
1. Rule 15 inserted by Notification No. CO 14 CLM 2013, dated 10-7-2013, w.e.f.10-7-2013.
2.Substituted for the word “Special officer” by Notification No. CO 226 CLM 2014, dated 6-6-2015, w.e.f.6-6-2015.
3. Substituted for the word “special officer” by Notification No. CO 226 CLM 2014, dated 6-6-2015, w.e.f.6-6-2015.
4.Substituted for the word “special officer” by Notification No. CO 226 CLM 2014, dated 6-6-2015, w.e.f.6-6-2015.
5. Substituted for the word “special officer” by Notification No. CO 226 CLM 2014, dated 6-6-2015, w.e.f.6-6-2015.
6. Substituted for the word “special officer” by Notification No. CO 226 CLM 2014, dated 6-6-2015, w.e.f.6-6-2015.
7. Rule 16 omitted by GSR 392, DATED 8-12-1977, w.e.f.29-12-1977.
8. Sub-rule (1) Substituted by Notification No. CO 226 CLM 2014, dated 6-6-2015, w.e.f.6-6-2015.
9. Substituted for the word “committee” by Notification No. CO 226 CLM 2014, dated 10-7-2013, w.e.f.10-7-2013.
cent, [prior approval of the prior approval of the Government shall be obtained for any such determination and prior approval of Registrar shall be obtained for increase in the scale of pay and other allowances ]
Explanation- For the purpose of sub-rule (1)
(a) Establishment expenditure means all expenses on salary, allowances, traveling expenses, leave salary, gratuity, provident fund contributions and such other related expenses of all the employees of the Co-operative society;
(b) Working capital means, total of paid up share capital, reserve fund, other funds, deposits, borrowings and unappropriated profits of a Co-operative Society as have not been invested in buildings and other fixed assets;
(c) Turnover means sales during the year inclusive of credit sales and sales on commission basis provided that in case of sale of controlled commodities under Public Distribution System of Government, fifty percent of such sales is excluded from the sales turnover:
Provided that whenever any new post is created or any enhancement of allowances done or any revision of pay scales effected in any Co-operative society the Chief Executive of such Co-operative Society shall send a factual report to the Registrar along with complete details regarding the financial implications, the resolution of the committee and justification for the same:
Provided further that the Registrar may issue necessary guidelines to the Co-operative Societies in this behalf.
Provided also that,-
(a) the cadre strength of the Cooperative Societies in case of agricultural credit structure 53 shall not exceed the limit specified by the National Bank for Agriculture and Rural Development, Human Resources Policy ,if specified.;
(b) the cadre strength of the Karnataka Milk Federation and District Milk unions shall be in accordance with the National Dairy Development Board, if specified.;
1. Substituted for the word “prior approval of the Registrar shall be obtained for any such determination of or increase in the scale of apply and other allowances" by Notification No. CO 226 CLM 2014, dated 6-6-2015, w.e.f.6-6-2015.
2. Substituted for the word “commission” by Notification No. CO 226 CLM 2014, dated 6-6-2015, w.e.f.6-6-2015.
3. Substituted for the word “committee” by Notification No. CO 14 CLM 2013, dated 10-7-2013, w.e.f.10-7-2013.
4. Provision inserted by Notification No. CO 14 CLM 2013, dated 10-7-2013, w.e.f.10-7-2013.
(c) the cadre strength in case of urban banks shall not exceed the limits specified by the Reserve Bank of India or method adopted by the nationalized banks.;
(d) the cadre strength of other cooperative societies shall not exceed the limit specified by the Registrar.
Provided also that, subject to sub-rule (1), in the absence of guidelines by National Bank for Agriculture and Rural Development, Reserve Bank of India, National Dairy Development Board, the Registrar of Co-operative Societies shall specify such guidelines.
(2) No persons shall be eligible for appointment to the posts mentioned below unless he possesses the qualification specified against them: The designation and qualification of the chief executive officer of agriculture credit structure, Karnataka Milk Federation and district milk union, urban banks shall be as specified in the Annexure and in respect of other societies, the Registrar of Co-operative Societies shall specify such guidelines"
Provided that in sub rule (2) the person to be appointed as Chief Executive of a District Central Co-operative Bank or the State Co-operative Bank shall satisfy the qualification and experience as prescribed by the National Bank for Agriculture and Rural Development or Reserve Bank of India.
2[A. Chief Executive, Secretary, Assistant Secretary or Manager. - (i) A degree or post-graduate degree in Co-operation of any recognised university; or
(ii) Any degree (other than degree or post-graduate degree in co-operation) of any recognized university:
Provided that preference shall be given to persons possessing higher diploma in Co-operative Management. If no suitable candidate with higher diploma in Co-operative Management is available, Diploma in Co-operation of an institute of Co-operative Management or a Cooperative training Centre shall be considered.]
54 B. Accountants, Clerks, Ledger-keepers, Sales Clerks and Shroffs.-3[(i) A degree or postgraduate degree in co-operation or any other degree of a University established by Law in India; or [4(ii) xxxxx.]
6[C. In the case of an assisted Society, the Government shall appoint officers of the level of Group A Officers and the Registrar shall appoint up to
1. Inserted by Notification No. CO 226 CLM 2014, dated 6-6-2015, w.e.f.6-6-2015.
2. Clause A substituted by Notification No. CO 226 CLM 2014, dated 6-6-2015, w.e.f.6-6-2015.
3. Items (i) and (ii) substituted by S.O.379, dated 25-1-1978, w.e.f.9-2-1978.
4. Substituted for the words “A degree of” by GSR 85, dated 28-3-1978.
5. Clause (C) inserted by Notification No. CMW 70 CLM 2001, dated 20-06-2003, w.e.f.4-7-
2003.
the level of Group B Officers specified in column (2) of the table below as the Chief Executives of the assisted Co-operative Societies.
1[TABLE Category of Societies Cadre of Officers who may be appointed as Chief Executive All Co-operative Societies whose area of operation
(i) is less than a District ----- not below the rank of Senior Inspector of Cooperative Societies
(ii) extends to a District not below the rank of Assistant Registrar of Co-operative Societies
(iii)is beyond a District (including Apex Societies) not below the rank of Deputy Registrar of Co-operative Societies.]] 2[Provided that in sub-rule (2) the person to be appointed as Chief Executive of a District Central Co-operative Bank or the State Co-operative Bank shall satisfy the qualification and experience as prescribed by the National Bank for Agriculture and Rural Development or Reserve Bank of India.]
(3) No appointment by direct recruitment shall be made except by calling for applications from eligible candidates by notifying the same; provided that, this restriction shall not apply to the appointment of an officer whose service have been lent by the Government.
3[Provided that this restriction shall not apply.–
(i) To the appointment of an officer whose services have been lent by the Government;
(ii) To the filling up of a post through compassionate appointment as per rules;
55 [(iii) x x x x x.]] 5[(4) The Managing Board of a co-operative society may engage persons on “Out source” basis in the exigency of service of the co-operative society, for a period which ordinarily shall not exceed eleven months.]
1. Table substituted by Notification No. CMW 103 CLM 2004, dated 6-10-2004, w.e.f.7-10-
2004.
2. Proviso inserted by Notification No. CO 14 CLM 2013, dated 10-7-2013, w.e.f.10-7-2013
3. Proviso substituted by Notification No. CO 223 CLM 2006, dated 29-11-2007, w.e.f.29-11- 2007
4. Clause (iii) omitted by Notification No.CO91 CLM 2006, dated 5-10-2010, w.e.f.6-10-2010
5. Sub-rule (4) substituted by Notification No. CO 226 CLM 2014, dated 6-6-2015, w.e.f.6-6- 2015 1[x x x x x.]
2[17-A. Constitution of recruitment committee for direct recruitment. (1) The recruitment committee for direct recruitment, shall be as following, namely.-
(i) President of the concerned Co-operative Societies President
(ii) One Director to be selected by the Board of that Society Member
(iii) Registrar of Co-operative Societies or his nominee not below the Member rank of Assistant Registrar of Co-operative Societies Member
(iv) One Expert with experience in the field of cooperation with Member particular reference to the activities of the Co-operative society to be nominated by the board of that society Member
(v) The Chief Executive of the society Member-Secretary
(2) The minimum quorum for the meetings shall be three.
3[ 18. Conditions of service of the employees of the co-operative societies.- Every cooperative society shall lay down in its bye-law, conditions of service of its employees. If it is not already laid down, it can be incorporated within three months from the date of commencement of these rules.]