56A. Manner of election to notified Societies
(i) The elections of the societies notified by the State Government under Section 73-IC, shall be held or cause to be held by the Registrar through the machinery created for this purpose in the manner as specified, hereunder, namely :-
(a) The Registrar may appoint any officer, not below the rank of an Additional Registrar of Co-operative Societies, as the Chief Election Officer for the State, who shall be subordinate to the Registrar and accountable to him for the purpose of such elections. He shall work under the general guidance of the Registrar of Co-operative Societies.
(b) The Chief Election Officer shall have powers to appoint one or more officers along with their jurisdiction as District Election Officer, who shall not be below the rank of an Assistant Registrar of Co-operative Societies or the Special Auditor, Class-II.
(c) The Chief Election Officer shall have powers to appoint such additional staff as he deems necessary to assist him and the District Election Officer.
(d) The Chief Election Officer shall have powers of general guidance, superintendence and control over the District Election Officers and the staff appointed under the foregoing sub-clauses of these rules. The District Election Officer and the staff so appointed shall be subordinate to the Chief Election Officer and shall be accountable to him for the purpose of elections.
(e) The District Election Officer, shall be responsible for holding the election, of all the notified societies, the headquarters of which are situated in his jurisdiction.
(f) For holding the elections of notified societies, the Registrar or the Chief Election Officer or the District E'ection Officer, as the case may be shall have the following powers, namely :-
(i) To appoint any officer of the State Government, Zilla Parishad, any Local Body, any Co-operative Society or Agricultural Produce Market Committee, having establishment in that district, on any post with such designation and duties for the purpose of holding the elections,
(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.
(iii) To requisition any premises, vehicles or any other material required for holding the election, from any co-operative societies as he may deem necessary.
(iv) 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 authorised by him in that behalf.
(g) (i) The Registrar shall be competent to create a fund called the Notified Co-operative Societies Election Fund', as he deems fit by a special or general order.
1. Ins. by G. N. of 16-10-1987.
(ii) The expenses for holding of any elections to the notified society, including payment of travelling allowances, daily allowance and other remuneration, if any, to the persons appointed to exercise the powers and perform the duties in respect of election, shall be borne by the notified society concerned. For this purpose, the Registrar or the Chief Election Officer or the District Election Officer may call upon a notified society to deposit in the Notified Co-operative Societies Election Fund, such amount as he considers necessary for the conduct of elections, within such period as may be directed by the Registrar :
Provided that, it shall be competent for the Registrar to exempt any notified society or class of notified societies from depositing in full or in part, having regard to the financial position of such society or class of societies, as the case may be.
(iii) If the expenditure exceeds the amount deposited, the Registrar or the Chief Election Officer or the District Election Officer shall call upon the notified society to pay the excess amount as specified by him within eight days from the receipt of directions from him and the society shall comply with such directions.
(iv) On failure of the notified society to deposit the amount or to pay the excess amount as aforesaid, the Registrar, the Chief Election Officer or the District Election Officer may issue a certificate for recovery of amount due, together with interest thereon at the rate of 15% per annum from the society. On issue of such certificate, the amount shall be recovered as arrears of land revenue.
(2) The Registrar shall maintain a register in Form M-1 in his office showing the names of the notified societies with details thereof.
(3) The Chief Executive of the notified society shall deliver a report in Form M-2 to the Registrar on or before 30th September of the preceding calendar year in which the term of office of the Managing Committee of such society expires:
Provided that, if the Chief Executive of the notified society fails to report in time the Registrar shall proceed to enlist the name of such society or societies for the purpose of aforesaid sub-rule on the basis of information available in the register and such enlisting of names shall be prima facie evidence that the election of the society is due to be held in the succeeding co-operative year, unless proved to the contrary.
(4) On receipt of report or otherwise, the Registrar shall publish, on or before 15th October a list of societies in his office and in the office of the District Election Officer, of which elections of the committee are to be held in the succeeding year.