Chhattisgarh Co-operative Societies (Amendment) Act, 2014 (Chhattisgarh Act No. 2 of 2015)

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28 (2) '~~ =======================-~ ;--..._ ilillf<li 117#1. 04/21-31./m,;;./,J.11./15.- 'qffif~~*~348 *-(3)~~-aO\\'fru,,,; ~ ~(mmr,l)~.2014(ilillf<li2"'1.2015)<nlam;;f\~=*~<l~~f.lill,-arnnt_ um'lw,,; 4>=* ;im.T11t1131.,<l>a,:i,t11<, W!IIH!li.ffl, ~ ~ - CHHATIISGARH ACT (No. 2of2015) THE CHHATIISGARH C<M>PERATIVE SOCIETIES (AMENDMENI) ACT, 2014 Ao Act to further amend the Chhattisgarh Co-operative Societies Act, 1960 (No. 17 ofl961). Be it enacted by the Chhattisgarh Legislature in the Sixty-fifth Year of the Republic of India, as follows :- Short title, I. (I) This Act may be called the Chhattisgarh Co-operative Societies extent -and (Amendment)Act, 2014. commencement. (2) It extends to the whole State of Chhattisgarh. (3) It shall come into force from the date of its publication in the Official Gazette. Amendment of 2 In the Chhattisgarh Co-operative Societies Act, 1960 (No. 17 of 1961 ), (hereinafter the Chhattisgarh referred to as the Principal Act), for the words "State Election Commission", Co-operative Societies Act,1960 wherever they occur, th; words "State Co-operative Election Commission" shall (No. 17 of 1961). be substituted. Amendment of 3. For clause (ij) of Section 2 of the Principal Act, the following shall be substituted, Section 2. namely:- "(ii) "State Co-operative Election Commission" means a Commission referred to in Section 50-B of this Act, which shall be the authority or body for the purpose of superintendence, direction and control oftl)e preparation of electoral rolls for, and the conduct of, all elections to a co-operative society under Article 243ZK of the Constitution of India." Amendment of 4. For Section 50-B of the Principal Act, the following shall be suic::- d' ly Section 50-8. ture name :- "50-B. State Co-operative Election Commissi!J!?,• ('.' The SuiaGo·.u.--..W. by notification in the Official Gazette, e,nn••'· ~ ll'll . . Commission (hereinafter referred to ~• ,. te .• _Stll!e lire .e . ;ction direction and control of the pr.,...-·,,· e COIIIIW Sl#<'f!•) for' ,supermten ence, . ,,., on of~inllls for, and the conduct of. all -"'~-,-~,..--- ~ -- -----"'"'-~... · 28 (3) '

.elections to a c<K>perative society under the provision of this Act and rules made thereunder. (2) The State Government shall appoint any officer of the Indian Administrative Service not below the rank of Principal Secretary, who has served in the Government of Chhattisgarh, as the State C<K>perative Election Commissioner to conduct all elections to co-operative societies under this Act or rules made thereunder, (3) The qualification, disqualification, term. and conditions of service of 1he State Co-operative Election Commissioner shall be such as may be prescribed. (4) The State Government shall appoint on deputation any person, holding a post not below the rank of Deputy Registrar, as the Secretary to the Commission. (5) (a) The State Government shall provide the Commission with such officers and staff, as m~ be necessary, for the perfomance of its functions. (b) The Commission shall appoint a Returning Officer in the manner, as may be prescribed, to conduct election to the Board of a society and its office-bearers and also to fill up casual vacancies as provided in Section 49 of this Act and the Commission, if it thinks necessary, may also appoint zonal or other officers for the purpose of supervision and control of .election. (6) • The Commission shall notify the code of conduct to be followed by the candidates, functionaries engaged in the process of election and others \ for enabling free and fair election. ' (7) The Commission shall have the powers to seek requisition of the services of other officers for aiding and assisting in the election and 7 such requisitioned Officers shall be under the overall supervision and control of the Commission during the election. (8) (a) The election of members of the Board of Directors shall be conducted before the expiry of the term of Board of Directors, so as to ensure that the newly elected members of the Board of Directores assume office immediately on the expiry of the term of members of the outgoing Board of Directors. (b) The Commission shall conduct elections of all co-operative societies registered under the Act in such manner, as may be prescribed. r i [ 1! 28 (4) i (c) The outgoing Board of every co-operative society shall send a written i I request in such. manner, as may be prescribed, to the Commission. to I i conduct the election of its Board within six months prior to the expiry of the term of the existing Board. { (d) On receipt of the request under clause (c), the Commission shall ensure f that the election is conducted before the expiry of the term of existing Board. (e) It shall be the duty of the Board to ensure that all information, books and records, which may be required by the Commission for the purpose of election, are kept up dated and made avail-able in time to the Commission or any official authorized by it for this purpose. (f) The Board shall also ensure that all assistance to the Commission is provided as .and when required by it for conduct of the election.

(9) All expenses incurred in conducting elections of the Board shall be paid to the Commission, in advance, by the State Government and the same shall be recovered from such society by the State Government in the manner as may be prescribed by it. (10) The Commission may issue such instructions.to the Board or its members, which it may consider reason4ble for conducting free and fair electio,:i and such instructions issued under this Section shall be binding on Board or its merribers. Repeal. 5. The Chhattisgarh Co-operative Societies (Amendment) Ordinanc_e, 2014 (No. 2 of20I 4) is hereby, repealed.