FORM 1
(See sub-rule (1) of rule3)
Application for registration of a multi-State cooperative society
under the
Multi-State Cooperative Societies Act, 1984
To,
The Central Registrar of Cooperative Societies
Sir,
We submit herewith a proposal for registration of the following
multi-State cooperative society along with enclosures as indicated
below:
2. We also declare that the information given herewith including
that in the enclosures is correct to the best of our knowledge:
(a) Name of the proposed multi-State cooperative society;
(b) Headquarters and address to be registered;
(c) Area of operation;
(d) Main objectives;
(e) Why is it absolutely necessary for the society to be registered
under the Multi-State Cooperative Societies Act, 1984;
(f) Is there any multi-State society having similar area to
operations and identical objectives;
(g) If all the members are individuals, please indicate the number
of persons from each State who have signed the application:
Name of the State Number of persons who have
signed the application
(h) Name and address of the applicant for the purpose of further
correspondence.
3. Following documents are enclosed:
(a) A certificate from the ...............................Bank
stating credit balance therein favour of the proposed multi-State
cooperative society.
(b) A scheme explaining how the proposed multi-State cooperative
society has reasonable prospects of becoming a viable unit. We are
sending herewith four copies of the bye-laws duly signed.
4. Following persons are authorised to sign the bye-laws and also to
make necessary alteration therein.
5. The particulars of the applicants are given hereunder:
_____________________________________________________________Sl.
Name If representing a if the applicant
corporate body, is an individual
name of the institution*
_____________________________________________________________
1 2 3 4
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
Age Nationality Profession Name of the state
_____________________________________________________________
4A 4B 4C 5
_____________________________________________________________
_____________________________________________________________Address
Amount subscribed In the case of representative Signature
to share capital of society or a multi-State
cooperative society, whether
he is Chairman/President or
Chief Executive of that society
_____________________________________________________________
6 7 8 9
_____________________________________________________________
_____________________________________________________________
FOR OFFICIAL USE
Received by registered post on +...................by
+..............in the office of the Central Registrar or by hand from
Shri +......................Entered in the register of application at
S.No......................
Signature of officer receiving
Received registration proposal
No.........................on...............for registration of
......................society Ltd.,(Proposed)alongwith the enclosures
referred to above from ...................by post/hand deliver.
Place..................... Central Registrar
Date................... Signature & Stamp
* If representing a cooperative or any other cooperative body
enclose a copy of the Resolution or authorisation of the competent
authority, authorising the person to sign the application for
registration.
+ Blanks to be filled in.
FORM II
(See sub-rule (1) of rule4)
Register of applications for registration of multi-State cooperative
societies received by the Central Registrar.
_____________________________________________________________Sl.
Name of the proposed Complete Date of Date and
No. multi-State cooperative address receipt and reference
society and the chief how received number of
promoter acknowled-
gement
_____________________________________________________________
1 2 3 4 5
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________No.and
date on which Prescribed date by Date on which
additional information which information additional information
is called is called received
_____________________________________________________________
6 7 8
_____________________________________________________________
_____________________________________________________________
No.and date of No.and date of order of Initial Remarks
the report, if any,
sent to the Central Registration Refusal
government, if the
society is not
registered within
6 months
_____________________________________________________________9
10 11 12 13
_____________________________________________________________
_____________________________________________________________
SCHEDULE
1. Procedure regarding conduct of elections to the board of
multi-State cooperative societies-
Notwithstanding anything contained in the rules and without
prejudice to the generality of the powers of the Central Government in
sub-section(1) of the section 35, the election of the members of the
board of directors of national cooperative societies specified in the
Second Schedule to the Act and such other multi-State cooperative
societies or class of multi-State cooperative societies, as the
Central Government may, by general or special order notify, shall be
conducted by such returning officers as may be
appointed by the Central Registrar in this behalf. The election in
such societies, shall be conducted in the manner hereinafter provided:
2. Election programme-
(a) The board of directors in office shall meet sixty clear days in
advance of the date of expiration of its term and by resolution
determine the date, time and place for convening a general body
meeting for the conduct of elections of its successor board. This
provision will apply mutatis mutandis to such multi-state cooperative
societies as are under the charge of the administrator appointed under
sub-section (1) of section 48.
(b) A copy of the decision referred to in sub-paragraph(a) shall
forthwith be sent to the Central Registrar.
(c) On receipt of the decision referred to in sub-paragraph (b), the
Central Registrar shall appoint a returning officer under sub-section
(1) of section 35. The returning officer shall shortly thereafter,
send intimation by local delivery or by registered post about the
date, time and place of the general meeting to each of the members of
the multi-State cooperative society. Where other cooperative societies
or multi-State cooperative society. Where other cooperative societies
or multi-State cooperative societies are members, the returning
officer shall call on such societies to send the name of their
Chairman or President or the Chief Executive as a representative
(hereinafter referred to as the delegate) in accordance with the
provisions contained in sub-section (3) of section 29 together with
the resolution of the board of the society and the specimen signature
of the Chairman, President or the Chief Executive duly attested and
bearing the seal of the society so as to reach him at least 21 clear
days prior to the date fixed for the general meeting that he shall
represent such society in the general meeting. Where no such
resolution or communication intimating the name of delegate is
received by the date fixed or where any intimation changing the name
of the delegate is received after such date, it shall not be accepted
for inclusion in the list of members/delegates of member-societies.
Fresh resolution shall be required for every general meeting at which
election shall be held.
(d) It shall be the duty of the board of directors in office, or the
administrator, as the case may be, to bring up-to-date the register of
members and such other registers, as the returning officer may require
and handover such records, register or registers to the returning
officer thirty days prior to the date fixed for the general meeting
for the purpose of election.
(e) The election shall be held at a general meeting of the society
convened for the purpose of which not less than fourteen days notice
shall be given to the members. Such elections shall take place after
all other matters included in the agenda have been considered. For the
conduct of elections, the returning officer shall preside over the
meeting.
(f) The notice of the general meeting shall be sent to the members
by any of the following modes, namely:-
(i) by local delivery; or
(ii) by registered post
(g) Notice of the general meeting shall also be affixed on the
notice board of the multi-State cooperative society and its branches,
if any. The notice shall contain information regarding:
(i) the number of vacancies to be filled by election;
(ii) the area of the constituency (specified in the bye-laws)from
which the members are to be elected;
(iii) the qualifications, if any, specified in the bye-laws for
eligibility for membership on the board;
(iv) the name of the returning officer, date, place and the hours
between which nomination paper shall be filled by the members, such
date being not less than one clear day before the date fixed for
election or if that happens to be a holiday the day preceding which is
not a public holiday.
Explanation: For the purpose of the sub-paragraph the term "public
holiday" means any day which is declared as a public holiday
under section 25 of the Negotiable Instruments Act, 1881 (26 of 1881)
or any day which has been notified by the Central Government, or as
the case may be the State Government to be a public holiday for the
offices of the Central Government or the State Government:
(v) the date on which and the time and place at which the nomination
papers will be taken up for scrutiny;
(vi) the date and time of which, the place at which and the hours
between which polling will take place.
3. Preparation of list of members/delegates-
(a) The multi-State cooperative society shall prepare a list of
members eligible to vote as it stood on the date, thirty days prior to
the date fixed for the poll and publish copies of the list by affixing
them on the notice board at the head office of the society and all its
branches, if any, not less than fifteen days prior to the date fixed
for election. The list shall specify:-
(i) the admission number and name of the member, the name of the
father or husband, and the address of such member in the case of an
individual member, and
(ii) the admission number, the name of the society, name of the date
proposed to represent the society, in the case of a member society.
(b) A copy of the list shall be supplied by the society to any
member on payment of such fee as may be specified by the board. Where
no fees has been specified, the person authorised as per bye-laws of
the society shall supply such list on payment of an amount of rupees
five.
4. Nomination of candidate-
(a) Nomination of the candidate for election shall be made in the
Nomination Form attached to this Schedule which on application shall
be supplied by the returning officer or any other officer authorised
by him in this behalf, to any member free of cost.
(b) Every nomination paper shall be signed by two members whose
names are included in the list of the members/delegates. One of the
members shall sign the form as proposer and the other as seconder for
the nomination. The nomination paper shall also contain a declaration
signed by the candidate, expressing his willingness to stand for
election.
(c) Every nomination paper shall be presented in person or sent by
registered post as acknowledgement due, by the candidate himself or
his proposer or seconder to the returning officer or any person
authorised by him in this behalf, so as to reach him before the date
and hour specified in the notice of meeting as per paragaraph2(g). The
returning officer or any officer authorised by him who receives the
nomination paper shall enter on the nomination paper its serial number
and certify the date and hour at which the nomination paper is
received by him and shall immediately give a written acknowledgement
for the receipt of the nomination papers if presented in person, which
shall also bear the seal of the society. The returning officer shall,
at the close of the time fixed for the receipt of nomination papers,
prepare and display on the notice board of the society, a list of
nomination received by him. Any nomination papers, prepare and display
on the notice board of the society, a list of nomination received by
him. Any nomination paper which is not delivered or received on or
before the date and time fixed for its receipt, shall be rejected.
(d) No person shall be nominated as a candidate for election to fill
a seat on the board if he:
(i) is ineligible to vote;
(ii) is disqualified to be the member/delegate under the provisions
of the Act or a member of the board under these rules; and
(iii) does not possess the necessary qualifications specified in the
bye-laws of the society for election as member of the board.
5. Scrutiny of nomination papers-
(a) (i) On the day fixed for the receipt of nomination papers, the
returning officer shall, at the appointed hours, take up the scrutiny
of nomination papers. The candidate or the proposer or seconder of
each of the candidate may be present at the time and place when
nomination papers are scrutinised.
(ii) The returning officer shall examine the nomination papers and
shall decide all objections which may be made by any candidate or his
proposer or seconder in respect of any nomination and may, either on
such objection, or on his own motion and after such summary enquiry,
if any, as he thinks necessary, reject any nomination.
Provided that the nomination of a candidate shall not be rejected
namely on the ground of an incorrect description of his name or the
name of his proposer or seconder or of any other particulars relating
to the candidate or his proposer or seconder, as entered in the list
of members referred to in paragraph3(a) if the identity of the
candidate, proposer
or seconder, as the case may be, is established beyond reasonable
doubt.
(iii) The returning officer shall endorse on each nomination paper
his decision accepting or rejecting the same as the case may be, and
if the nomination paper is rejected, he shall record in writing a
brief statement of his reasons for such rejection.
(iv) The returning officer shall not allow any adjournment of the
proceedings except when proceedings are interrupted or obstructed by
riot or affray or by causes beyond his control.
(v) The list of valid nomination as decided by the returning officer
shall be published on the notice board of the society containing the
names in the alphabetical order in English and address of the
candidate as given in the nomination paper on the same day on which
the scrutiny of the nomination paper is completed.
(b) Any candidate may withdraw his candidature by notice in writing
signed by him and delivered in person or by his proposer or seconder
at any time after the presentation of the nomination papers but before
the date and time specified in paragraph2(g)(vi) for such withdrawal.
A notice of withdrawal of candidate once given shall be irrevocable.
6. Voting-
(a) If for any area or constituency for which election is to be
held, the number of candidates whose nomination papers have been
declared valid, does not exceed the number of candidates to be elected
for that area or constituency, the returning officer shall at the
general meeting convened for the purpose of the election, declare them
to have been duly elected to the board. If the number of candidate
whose nominations are valid exceeds the number to be elected for any
area or constituency, the returning officer shall arrange for
conducting a poll on the date and time fixed for the purpose. The
returning officer may appoint as many polling officers as may be
necessary for conducting the poll.
(b) A candidate contesting the election may, by a letter to the
returning officer, appoint an agent to represent him where polling is
held, to identify the voters and to watch the recording of votes. Such
letter shall contain the consent in writing of the agent concerned.
(c) Canvassing of votes by any person at the place where election
are to be conducted shall be prohibited.
(d) Immediately before the commencement of the poll, the returning
officer shall show the empty ballot box such persons as may be present
at the time and shall then lock it up and affix his seal in such
manner as to prevent its being opened without breaking the seal. The
candidate or his agent may also affix his own seal, if he so desires.
(e) Every member delegate who desires to exercise his right of vote
shall be supplied with a ballot paper containing the names of
contesting candidates arranged in alphabetical order either printed,
typewritten or cyclostyled, according to convenience, on the ballot
paper. the ballot paper shall also bear the seal of the society and
also the initials of the returning officer and further contain a
column, for the voter to inscribe mark `X' against the name or names
of the persons to whom he wants to vote.
(f) Each polling station and where there is more than one polling
booth at a station, each such booth shall contain a separate
compartment in which the members/delegates can record their votes in
secrecy.
(g) Every member who desires to exercise his votes shall enter the
polling station with an identity card, if any, given to him. The
polling officer shall identify the member by putting questions to him
with reference to the list of members/delegates eligible to vote in
the polling station, furnished to him. If the polling officer is
satisfied about the identity of the member and if there is no
objection from any candidate or his polling agent present at the
polling station, he shall issue a ballot paper to him. On receipt of
such ballot paper, the member shall proceed to the polling compartment
set apart for the purpose and indicate the person or persons in whose
favour he exercises his vote by inscribing a mark `X' against the name
of the candidate or candidates, as the case may be, and put the ballot
paper in the ballot box
kept for the purpose with utmost secrecy. If owing to blindness or
other physical infirmity or illiteracy a member is unable to inscribe
the mark on the ballot paper the polling officer, and where no such
polling officer is appointed, the returning officer shall ascertain
from him the candidate or candidates, in whose favour he desires to
vote, inscribe the mark`X' on his behalf and put the ballot paper in
the ballot box.
(h) (i) Every member whose name is entered in the list of
members/delegates eligible to vote, furnished to the polling officer,
is entitled to poll his vote, unless there is a challenge by the
candidate or his agent against his identity. If there is such a
challenge about the identity of a member or if the polling officer
feels any reasonable doubt, he shall then refer the matter to the
returning officer who shall make a summary inquiry and decide the
question with reference to the books of the society.
(ii) The returning officer shall not entertain any challenge by a
candidate or his polling agent, of a member's identity until the
person who challenges pays a fee of Rs.5/-(Rupees five only) for every
such vote, in cash. The returning officer shall thereafter entertain
the challenge and ask the member who has come to poll the vote to
affix his thumb-impression or signature, as the case may be on a
declaration describing his identity. If he refuses to do so, the
member shall not be allowed to vote. If, on the other hand, as a
result of such summary enquiry the identity of the member is
established to the satisfaction of the returning officer, the polling
officer shall issue ballot paper, and the member shall then be allowed
to vote. In such cases the challenge fees paid shall be forfeited. At
the end of the poll, the returning officer, shall render an account of
challenge fees collected, fees refunded to the persons who challenged
and the fees forfeited to the society together with a brief note on
the decision arrived at by him after the summary inquiry in each case.
(i) (A) If at any stage of the polling, the proceedings are
interrupted or obstructed by any riot or affray or if at such election
it is not possible to take poll for any sufficient cause, the
returning officer shall have power to stop the polling after recording
his reasons for such an action.
(B) Where the poll is stopped under clause (A) or where counting of
votes is rendered impossible on account of destruction or loss of
ballot boxes or any other sufficient reason, the returning officer
shall stop the polling recording the reasons for such action in the
minute book of the society.
(j) No voter shall be admitted after the hour fixed for the polling;
but a voter who enters the premises where ballot papers are being
issued before the close of the polling hour shall be issued the ballot
paper and allowed to vote.
(k) The counting of votes shall take place immediately after close
of the poll. If this is not possible for reasons beyond the control of
the returning officer, the ballot box shall be sealed with the seal of
the returning officer and of the contesting candidates or of their
agents, if they so desire, and deposited with the society for safer
custody. The returning officer shall then announce and also intimate
in writing to the candidates or their agents present the time and
place at which the counting shall commence next day. votes shall be
counted by or under the supervision of the returning officer. Each
candidate and 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 announcement of
results by the returning officer.
7. General-
(a) A ballot paper shall be rejected by the returning officer, if:
(i) it bears any mark or writing by which the member who voted can
be identified; or
(ii) it does not bear the seal of the society or the initiate of the
returning officer; or
(iii) the mark indicating the vote thereon is placed in such manner
as to make it doubtful to which candidate the vote has been cast; or
(iv) is so damaged or mutilated that its identity as a genuine
ballot paper cannot be established.
(b) If after the counting of the votes is completed, an equality of
votes is found to exist between any candidates and the addition of one
vote will entail any of those candidates to be declared elected, the
returning officer shall forthwith decide between these candidates by
lot and proceed as if the candidate on whom the lot falls had received
an additional vote and declare him elected.
(c) After the returning officer has completed the counting of votes,
he shall prepare a return of the results of the polling and shall
forthwith declare the results. 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
society and shall be binding on all. A copy of such a report together
with a copy of the return of the results of polling, shall be
submitted by the returning officer to the Central Registrar.
8. Mode of election of members of the board of multi-State
cooperative societies other than those referred in paragraph 1-
(1) The election of the members of the board of a multi-State
cooperative society not falling under paragraph I shall be by show of
hands.
(2) The election shall be held at a general meeting of the
multi-State cooperative society convened for the purpose, of which not
less than 14 clear days notice shall be given to the members. The
notice of the general meeting shall be sent to the members by any of
the modes specified in sub-paragraph(f) of paragraph 2 and shall
contain information regarding:-
(a) the number of vacancies to be filled by election;
(b) the area or the constituency, if any, from which members of the
board are to be elected; and
(c) the date on which, the place and the hours at which elections
will take place.
(3) The board of directors or the administrator or administrators
appointed under sub-section (1) of section 48, as the case may be,
shall prepare a list of individual members and delegates of
member-societies as it stood on the date, 30 days prior to date on
which elections are to take place and affix a copy thereof to the
notice board of the society not less than 15 days prior to the date
fixed for the election. A copy of the said list shall be supplied by
the society to any member on payment of such fees as may be specified
by the board, or the administrator, as the case may be. Where no fees
has been specified, the President/Chairman of the society, or the
administrator shall supply such list on payment of Rs.2/-.
(4) Notwithstanding anything contained in this Schedule, the
President/Chairman or the Vice-President/Vice-Chairman if they are not
candidates seeking election to the board, shall preside over the
meeting. In case they are seeking election to the board, as the
Chairman of the meeting for the conduct of election.
Provided that in respect of a society falling under this rule for
which an administrator has been appointed under sub-section (1) of
section 48, the administrator shall be the Chairman of the meeting.
(5) The nominations of the candidates for election shall be made at
the meeting. The Chairman of the meeting shall decide the objections,
if any, which may be made at the time to any nomination after making
such summary enquiry as he thinks necessary and announce the names of
candidates as per valid nominations.
(6) If for any area or constituency for which election is to be held
the number of candidates in respect of whom valid nominations have
been announced the candidates for whom valid nominations have been
announced shall be deemed to have been elected for that area or
constituency, as the case may be and the Chairman of the meeting shall
make a declaration to that effect. If the number of candidates in
respect of whom valid nominations have been announced for any area or
constituency exceeds the number of candidates to be elected, a poll
shall be taken and the Chairman shall then read out the names of the
contesting candidates. He shall thereafter record the number of votes
polled, for and against each such candidate, ascertained either by
show of hands or by ballot, as the case may be, and record the same in
the minute book of the society. The Chairman shall announce the number
of votes polled by each candidate and the result of the elections
which shall also be recorded in the minute book of the society and
attested by him.
(7) Where secret ballot is demanded by the members of the general
body, a formal resolution to this effect will be put to vote and
adopted. The meeting shall adjourn for a brief period to enable the
Chairman to make arrangements for the secret ballot.
(8) After counting, the general body shall again assemble where the
results of the poll shall be announced as in clause (6) of paragraph
8.
9. Elections of the boards of societies which have to be
conducted by returning officer on requisition from the members-
Notwithstanding anythings in sub-paragraph (1) of paragraph 8, where
a requisition to appoint a returning officer to conduct an election is
received from not less than one-fifth of the total number of members
on the rolls and eligible to vote in a multi-State Cooperative
society, sixty days in advance, the Central Registrar, shall appoint a
returning officer to conduct election in the manner specified in
paragraphs 2 to 7.
10. Election of office bearers-
(1) As soon as the members of the board have been elected the
returning officer referred to in paragraph 1, 2 and 9, or the
President/Chairman referred to in paragraph 8 shall, notwithstanding
anything in the bye-laws of the multi-State
cooperative society specifying the period of notice, convene a
meeting of the newly constituted board for the purpose of election of
the President/Chairman, Vice-President/Vice-Chairman or other elected
office bearers of the society, by whatever name they are called. Such
a meeting of the board shall not be conducted unless a majority of the
number of members of newly constituted board, as per bye-laws are
present.
(2) At the meeting so convened by the President/Chairman referred to
in paragraph 8 (under sub-paragraph (1) the members of the newly
constituted board of multi-State cooperative societies shall from
among themselves, elect a member who is not a candidate seeking
election to any office, as the Chairman of the meeting for conducting
the elections. the election of officer bearers of such multi-State
cooperative societies shall be by show of hands unless a poll is
demanded in which case, it shall be held by secret ballot.
(3) The election of office-bearers of the societies referred to in
paragraph 1 and 9 shall be conducted by the returning officer
appointed by the Central Registrar. The nomination of the candidates
for election in such cases shall be made at a meeting of the newly
constituted board of directors. the returning officer shall decide the
objections if any, which may be made at the time, to any nomination
and after making such summary inquiry, as he thinks necessary,
announce the name of valid nominations.
(4) If for any office for which elections are to be held, the number
of candidates in respect of whom valid nominations have been
announced, does not exceed the number of candidates to be elected for
that office, the candidates for whom valid nominations have been
announced shall be deemed to have been elected for that office and the
returning officer shall make a declaration to that effect. If the
number of candidates in respect of whom valid nominations have been
announced for any office exceeds the number of candidates to be
elected a poll shall be taken by the returning officer. The returning
officer shall, thereafter, announce the number of votes secured by
each candidate and the result of election which shall also be recorded
by him.
11. Custody of record of elections conducted-
After declaration of the result of election, the returning officer
referred to under paragraph 1,9 and 10 or the Chairman of the meeting
under paragraph 8, as the case may be, shall handover the ballot
papers and records, if any, relating to the election of the members of
the board of directors and the office bearers to the chief executive
of the multi-State cooperative society in sealed covers. They 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 thereof regarding elections, if any, filed is
disposed of, whichever is later, and shall thereafter be destroyed.
NOMINATION FORM
(See paragraph 4 (a))
1. Name of the multi-State cooperative society
and address :
2. Name of the candidate in case of an individual
member/name of the delegate and the member
cooperative society or multi-State cooperative
society which he is representing :
3. Serial No. in the register of members :
4. Father's or husband's name (in case of
individual member) :
5. Address :
6. Name of the proposer in case the proposer is
an individual member and the name of the
society and the delegate in the case proposer
is a delegate of a society :
7. Serial No. of the proposer in the register of
members :
8. Signature of the proposer :
9. Name of the seconder when the seconder is an
individual member and name of the society
and the delegate in case the seconder is a
delegate of a society :
10. Serial No. of the seconder in the register of
members :
11. Signature of the seconder :
CANDIDATE'S DECLARATION
I declare that I am willing to stand for election and that, to the
best of my knowledge and belief I have not incurred any
disqualification for membership of the board of
.........................multi-State cooperative society in terms of
the Act, the Rules and the bye-laws f the multi-State cooperative
society.
( Signature of the candidate)
Endorsement by the Returning Officer
This nomination paper was presented to me in person at
...................received by registered post on .................at
.....................hrs.
Place:
Date :
Signature of Returning Officer
or person authorised by him
