MCSECR 2013 - Part I & II




Part – I


PRELIMINARY

1.

Short title, extent, application and commencement -

(1)
These rules may be called The Maharashtra Co-operative Societies Election to Committee Rules, 2013.


(2)
These rules shall extend to the whole of the State of Maharashtra.


(3)
These rules shall come into force on such date as the State Government may, by notification in Official Gazette, appoint.

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2.

Definitions. –


in these rules, unless the context requires otherwise,-


(1)
“Act” means the Maharashtra Co-operative Societies Act, 1960.


(2)
“Ballot box” includes any box, bag or other receptacle used for the insertion of ballot paper by voters.


(3)
“by-laws” means bylaws registered under the Act.


(4)
“CEO” means an administrative head of the society by what ever name called to which election is to be held.

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(5)
“Committee” means the Committee of management or board of directors or the governing body or the directing body of a co-operative society, by whatever name called, in which the management of the affairs of a society is entrusted.


(6)
“Constituency” means an electoral division as specified in the bylaws of the society.


(7)
“Corrupt practice” means any of the practices specified in the Rule 75.


(8)
“District Co-operative Election Officer” means an officer or officers approved by the SCEA, not below the rank of the Deputy Registrar, Co-operative Societies of the district to assist the SCEA in performance of its functions for the conduct of elections of societies in the District under the supervision and control of the SCEA.


(9)
“Election" means elections to elect a committee or committee members of a Co-operative Society.


(10)
“List of voters” means the list of voters as finalized in accordance with Rule 8 and Rule 11.

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(11)
“Observer” means a Government officer nominated to watch the conduct of election or elections and perform any such other functions as may be entrusted to him by the SCEA.


(12)
"Polling Officer" means any person appointed by the Returning Officer for the conduct of the election.


(13)
"Presiding Officer" means any person appointed by the Returning Officer for the conduct of the election.


(14)
"Public holiday" means any day which is a public holiday for the purposes of section 25 of the Negotiable Instruments Act, 1888 (26 of 1881), and include any other day which is notified by the State Government to be a holiday for Government offices in the State or by the Collector to be a local holiday for the District.


(15)
“Reserved seat” means a seat reserved for the members belonging to the Scheduled castes or Scheduled tribes, Women, De-notified Tribes (Vimukta Jatis) or Nomadic tribes or Special Backward Classes, Other Backward Classes.

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(16)
"Returning Officer" means any person appointed by the SCEA or by an officer authorized by SCEA in this behalf for the conduct of the election of Societies.


(17)
“SCEA” means the State Co-operative Election Authority constituted by the State Government under section 73 CB.


(18)
“Section” means a section of the Act.


(19)
“Society” means a society as specified in the Act.


(20)
“Taluka or Ward Co-operative Election Officer” means officer approved by the SCEA who shall perform all the functions for the conduct of elections of societies in the Taluka under the supervision and control of the SCEA and District Co-operative Election Officer.

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3.

Powers of State Co-operative Election Authority (SCEA). -


In order to conduct the elections of the co-operative societies, the SCEA shall have the following powers, namely:-


(i)
to appoint any officer of the State Government, or any Co-operative Society, or any Local Body on any post with such designation and duties for the purpose of conducting the elections; and


(ii)
it shall be obligatory on every officer or employee, so appointed to perform the duties assigned on him, failing which, he shall be liable for prosecution for having committed contempt of the lawful authority of the public servant within the meaning of Chapter 10 of Indian Penal Code;

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(iii)
to requisition any public or private premises, vehicles, services or any other material required for holding the election, from any office of the State Government, Local Body, Co-operative Societies as he may deem necessary. On service of such requisition, it shall be obligatory on the authority to whom such requisition is made, to forthwith hand over the possession of premises, vehicles or any other material, as the case may be, to the Requisitioning Authority or any person authorized by him in that behalf;


(iv)
to prescribe the code of conduct to be implemented in the area of operation of the society according to nature of business or class of societies;


(v)
to appoint an Observer and Zonal officers who shall be appointed with a view to keep watch for smooth and fair conduct of elections as and when required.

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PART – II


TYPES OF SOCIETIES

4.

Types of the Societies. -


For the purpose of conduct of elections to societies, under the Act, the societies shall be classified as follows:-



The election of the members of the committees and officers of the committees of the societies of the categories mentioned below shall be subject to the provisions of sub-section (11) of section 73CB of the Act.


(I)
Type ‘A’ Societies-


(1)
State Level Apex or Federal Co-operative Societies.


(2)
Maharashtra State Co-operative Bank.


(3)
Maharashtra State Co-operative Land Development Bank.


(4)
Maharashtra State Co-operative Housing Finance Corporation.


(5)
Maharashtra State Co-operative Tribal Development Corporation.


(6)
Maharashtra State Cotton Growers’ Co-operative Marketing Federation.


(7)
All Co-operative Sugar Factories.


(8)
All District Central Co-operative Banks.

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(9)
All Co-operative Spinning Mills.


(10)
All Co-operative Milk Federations or Unions having average per day milk Collection 1,00,000 or more than 1,00,000 liters during the preceding financial year.


(II)
Type ‘B’ Societies


(1)
All Co-operative Urban Banks.


(2)
All Salary Earners’ Co-operative Banks.


(3)
Primary Agriculture Co-operative Credit Societies and Adiwasi Co-op. Credit Societies having paid up share capital Rs. 10 lacs and more.


(4)
Co-operative Credit Societies is having deposits of Rs.100 Lacs or more having paid up share capital of Rs. 10 Lacs and more.


(5)
Salary Earners’ Co-operative Credit Societies having paid up share capital of Rs. 1 Crore and more.


(6)
All Government aided Co-operative Processing Societies excluding Sugar Factories.


(7)
All Government aided Co-operative Industrial Societies or Industrial Estates.

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(8)
All District or Taluka Co-operative Sale Purchase Unions.


(9)
All District Central Co-operative Consumer Societies.


(10)
All Divisional and District Co-operative Boards.


(11)
All Co-operative Milk Federations/ Unions having average per day milk collection less than 1,00,000 liters during the preceding financial year.


(12)
Any other District/Taluka Co-operative Federations/Unions which are not included in Type ‘A’ Societies.

(III)

Type ‘C’ Societies.-


(1)
 All Primary Agriculture Co-operative Credit Societies and Adiwasi Co-operative Credit Societies having paid up share capital less than Rs. 10 Lacs.


(2)
All Co-operative Credit Societies having deposits not more than Rs. 100 Lacs or paid up share capital less than Rs. 10 Lacs.


(3)
Salary Earners Co-operative Credit Societies having paid up share capital of less than Rs. 100 Lacs, as per the last audit report.


(4)
Housing Societies having 100 and more than 100 members.

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(5)
All Primary Consumer Co-operative Societies.


(6)
All Primary Co-operative Dairy, Poultry, Fishery, Piggery and Livestock Societies.


(7)
All non aided Co-operative Industrial Societies/ Industrial Estates.


(8)
All non aided Co-operative Processing Societies excluding Sugar Factories.


(9)
All types of Primary Co-operative Marketing Societies.


(10)
All types of Primary Weavers (Handloom and Power loom) Co-operative Societies.


(11)
Other Agricultural Co-operative Societies.


(12)
Co-operative Lift Irrigation and Water users Societies having 100 member more than 100 members.


(13)
Any other society or class of societies not falling under Type ‘A’, ‘B’ above or Type ‘D’ below.

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(IV)

Type ‘D’ Societies.-


(1)
All Co-operative Housing Societies having less than 100 members.


(2)
All Co-operative Lift Irrigation and Water users Societies having less than 100 members.


(3)
All Labour/ Forest Labour Co-operative Societies.


(4)
Other General Co-operative Societies.



the State Government may change the classification of a society or class of society as stated above for the purpose of conduct election from time to time.
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5.

Annual report of names of societies in which election are to be held.-

(1)
The SCEA shall maintain a register in Form ‘E-1’ in his office showing the names of all societies due for election in the subsequent calendar year in its / his jurisdiction with details thereof.


(2)
The committee of the society shall deliver a report in Form ‘E-2’ to the District Co-operative Election Officer or Taluka or Ward Co-operative Election Officer as the case may be, six months before the expiry of the period of the Committee of the society:



Provided that, the society having area of operation more than one district shall deliver a report to the District Co-operative Election Officer of the District in which the head office of the society is situated:



Provided further that, if the committee of the society fails to report as per sub section 14(a) of section 73CB, the District Co-operative Election Officer/ Taluka or Ward Co-operative Election Officer shall proceed to enlist the name of such society or societies for the purpose of this rules on the basis of information available in the register and such enlisting the names shall be prima facie evidence that the election of the society is due to be held, unless proved to be contrary.

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