a. The draft Rules were notified on 19th August 2013 calling for objection and
suggestion from any person with respect to the said draft rule. The
Government of Maharashtra will take in to consideration objections or
suggestions on and after 3rd September 2013.
b. The Rules have been accordingly finalized.
c. These Rules shall come in force on such date as a State Government may
appoint by notification in official Gazette.
d. The Rules have been elaborately drafted and divided into XII Parts, largely
dealing with:-
o Classification of Societies,
o Electoral Roll,
o Administrative Machinery,
o Conduct of Election,
o Polling,
o Counting of Votes and declaration of Result,
o Election Expenses,
e. Special provision for Type “C” class societies and Type “D” class Societies,
Corrupt Practices and Electoral Offences. Dispute relating to election will be
petition before Co-operative Court.
f. As per these Rules the societies have been broadly classified into type A, B,
C and D category.
g. Housing Societies having 100 or more members are classified as Type C
Societies and the Housing Societies having less than 100 members have been
classified as Type D Societies.
h. The all non-aided Co-operative Industrial Societies or Industrial Estate have
been classified as Type C Societies.
i. The list under Type C Societies includes a residuary entry which includes any
other society or class of Societies not falling under Type A, B or D.
j. There is provision for payment of deposit of Rs. 2,000/- by other than SC/ ST
Category and payment of deposit of Rs. 500/- by SC/ ST category candidates
for Managing Committee.
k. Nomination Form Fees will be Rs. 100/-.
Election to the Managing Committee having less than 100 Members
a. Housing Societies having 100 or more members are classified as Type C
Societies and the Housing Societies having less than 100 members have been
classified as Type D Societies.
b. In case of Type D Societies (Rule 76 PART X)
o The Society will prepare the list of voters and submit copy to the election
officer within 7 days of its preparation (note that period of 180 days not
specified here).
o Election of these societies will be conducted in the Special General Body
Meeting called to this purpose.
o Such meetings will be presided over by the person appointed by State Cooperative
Election Authority.
o The notice of this Special General Body Meeting will be given at least 15
days before the date of meeting.
o The General Body of the society by Resolution may submit requisition to
the election officer to hold the elections as prescribed for Type C Societies
(as per Rule 75).
o In case of failure of the Special General Body Meeting called for election
of the Managing Committee fails to do so the person authorized by State
Co-operative Election Authority will report to it and election will be held
as per Rule 76.
o The appointed presiding officer will have no right to cast a vote in any
circumstances.
o Within 15 days of the election of the committee a meeting will be held to
elect officer bearers. This meeting will be presided by the officer
authorized by the State Co-operative Election Authority.
Election to the Society having 100 or more Members
a. Housing Societies having 100 or more members are classified as Type C
Societies and the Housing Societies having less than 100 members have been
classified as Type D Societies.
b. In case of Type C Societies, the Society has to inform the Jurisdictional
Flection Officer before 180 days of expiry of the term of the committee along
with four copies of list of active members. (Rule 75 PART IX)
o The election will appoint the returning officer.
o Election program will be prepare.
o Appeal against rejection of nomination will be prefer to the registrar within
3 days of the rejection.
o The registrar will decide within 10 days of the receipt of the Appeal.
o The returning office will submit the result to the election officer within two
days of the date declare for declaration of result.
o The election officer were notify the result within 3 days and will direct the
Returning officer to choose office bearer within 10 days.
Election to the Managing Committee:
a. If the election of the Managing Committee and consequent election of the
office bearers is due on or after 14-2-2013 and up to 31-3-2013, the same will
be held on or before 31.12.2013.
b. The committees of which the elections become due after 31.03.2013 shall
continue till the election to such societies are held under the amended
provisions. Any Managing Committee at present shall continue till the newly
elected committee assume office.
c. All the orders passed by the administrator, liquidator or registrar shall
continue for a period mentioned in such order as if such orders are passed
under the amended act.
d. Any proceeding pending before the registrar or other authority shall stand
transferred to the respective Authorities under the amended provisions.
Individual
Society
