Amendments To Rules
Amendments To Rules
Act and Rules - Tamil Nadu Co-operative Societies Rules, 1988 - Amendments to Rules
and Schedule II to the Tamil Nadu Co-operative Societies Rules, 1988 - Orders Issued.
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Co-operation, Food and Consumer Protection (CJ1) Department
G.O. (Ms) No. 10 Dated: 31.01.2013
Read:
ORDER:
M.P. NIRMALA
SECRETARY TO GOVERNMENT
To
The Works Manager, Government Central Press, Chennai–79.
(for Publication of Notification in the Extraordinary issue of the Tamil Nadu Government
Gazette)
The Registrar of Co-operative Societies, Chennai – 10.
P.T.O.
--2--
The Commissioner of Fisheries, Administrative Office Building,
Teynampet, Chennai – 6.
The Industries Commissioner and Director of Industries and Commerce, Chennai -5.
The Chief Executive Officer, Tamil Nadu Khadi and Village Industries Board,
Kuralagam, Chennai – 108.
The Commissioner of Milk Production and Dairy Development,
Madhavaram Milk Colony, Chennai – 51.
The Registrar of Co-operative societies (Housing), Chennai -35
The Commissioner of Sugar, V Floor, Periyar Building,
474, Anna Salai, Chennai – 35.
The Director of Agro Engineering Service, Chennai – 17.
The Director of Agriculture, Chennai – 5
The Director of Social Welfare and Noon Meal Programme,
No.58, Corporation Primary School Building,
Arunachalam Street, Chennai – 600 002.
The Director of Sericulture, Foulks compound, Anaimedu,
Salem – 636 001
The Chief Executive Officer, Tamil Nadu Palm Products Development Board,
Kuralagam, Chennai – 108.
The Project Co-ordinator, ICDC, III Project,
Taramani, Chennai – 113.
The Director of Animal Husbandry, Administrative Office Building, Teynampet, Chennai
– 6.
The Director of Co-operative Audit, Slum Clearance Board Complex, Kamarajar Salai,
Chennai – 5.
The Chief General Manager Regional Office NABARD,
Regional Office, Chennai – 34
All District Collectors,
The Reserve Bank of India, Chennai / Mumbai – 18
The Secretary to Government of India,
Ministry of Agriculture, Department of Co-operation, New Delhi (with covering letter)
All Departments in Secretariat, Chennai – 9
The Law Department, Chennai – 9.
S.F/SC.
//Forwarded by Order//
Section Officer.
NOTIFICATION-I
In exercise of the powers conferred by sub-sections (1), (2) and (3) of section
180 of the Tamil Nadu Co-operative Societies Act, 1983 (Tamil Nadu Act 30 of 1983),
the Governor of Tamil Nadu hereby makes the following amendments to the Tamil Nadu
Co-operative Societies Rules, 1988:-
(2) The amendments hereby made shall come into force with effect on and from
st
the 31 day of January 2013.
AMENDMENTS.
1. in rule 2,- (1) after clause (d) the following clause shall be inserted, namely:-
“(dd) “Election Commission” means the Tamil Nadu State Co-operative Societies
Election Commission;”;
(2) after clause (e), the following clause shall be inserted, namely:-
“(ea) “financial year” means the period commencing on the 1st day of April of any
year and ending with the 31st day of March of the succeeding year;”;
2. in rule 6,-(1)In sub-rule (1), - (1) after clause (t), the following clause shall be
inserted, namely :-
“(ta) the conditions regarding the minimum level of services of the society that
shall be utilised by a member;";
(2) after clause (w), the following clause shall be inserted, namely :-
"(wa) the conditions regarding the minimum requirement of attending the
meetings of the general body by a member of the society;";
4. in rule 14,-“(1) in the tabular column the expression Serial 16" in the first
column and the words "Training Institute" in the second column thereof shall be
omitted;
5. in rule 25,- (1) for sub-rule (1), the following sub-rule shall be substituted,
namely:-
“(1) Every society shall prepare for each financial year and submit to the
Registrar within a period of three months from the close of the financial year,-
(a) a statement showing the receipts and disbursements for the year or trial
balance at the end of the year;
(b) a profit and loss account;
(c) a balance sheet; and
(d) such other statement or return as the Government may from time to time
specify.";
(2) for the expression “co-operative year” occurring in sub-rules (2), (3) and (5) of
this rule, the expression “financial year” shall be substituted.";
8. in rule 52,- (1) for sub-rule (1), the following sub-rule shall be substituted,
namely :-
(1)(a) Every society shall report to the Election Commission, the date of expiry of
the term of office of the members of the board for which elections are to be held
and the number of members to be elected and the particulars of casual vacancy
in the office of the members of the board which may arise and which have to be
filled up by election as per the provisions of the Act, within fifteen days of its
occurrence.
(b) On receipt, of such report, the Election Commission shall appoint as many
officers of the Government or officers sub-ordinate to the Registrar not below the
rank of Deputy Registrar of Co-operative Societies in the
Co-operative Department or not below such rank in other departments of the
Government as may be necessary, as District Election Officers for each district or
for a part of a district for conducting the election of members of the board of co-
operative societies in the respective district or part of a district. The District
Election Officer shall take necessary steps for the conduct of election to the
society or societies concerned and the society shall render all necessary
assistance to the District Election Officer for the conduct of election to the board.
(c) The District Election Officer shall appoint as many officers of the Government
not below the rank of Senior Inspector in the Co-operative Department or not
below such rank in other departments as may be necessary as Electoral Officers.
The Electoral Officers shall be responsible for preparation and publication of
voters list of the society or the societies concerned.
(2) in sub-rule (3),- (a) for clause (a), the following clause shall be substituted,
namely :-
“(a) The District Election Officer appointed for a district or a part of a district by
the Election Commission shall appoint as many officers of the government or
officers subordinate to him or officers and employees of co-operative societies
or local authorities or undertakings owned by the state or central government or
educational institutions as may be necessary as Election Officers for conducting
the election of members of the board of co-operative societies in the district or a
part of the district. The District Election Officer may also appoint alternative
election officer or officers.;
(b) Subject to the provisions of the Rules, it shall be the general duty of the
Election Officer and the Polling Officers at a polling station, to keep order thereat
and to ensure that the poll is freely and fairly conducted.”;
(4) for sub-rule (5) the following sub-rule shall be substituted, namely :-
(a) The Election Commission shall fix the date of election and draw up a
programme for the conduct of election to the society or group of societies and
send a copy of the programme so drawn to the State Election Officer and the
District Election Officer concerned at least twenty-one days prior to the date of
poll and also to the society or group of societies:
Provided that the date of poll shall not be fixed on any date earlier than
sixty days prior to the date of expiry of the term of office of the members of the
board.
(b) The programme for conduct of election shall contain information regarding,-
(B) the Electoral Officer shall prepare and publish the voters’ list in the notice
board at the office of the society;
(C) the members shall make claims or raise objections to the voters list; and
(D) the decision of the Electoral Officer on the claims made or objections raised
to the voters’ list shall be published.;
(ii) where the society fails to prepare and furnish the member's list within the time
specified in item(i)(A), the date on which,-
(A) the Electoral Officer shall prepare and publish the voters’ list in the notice
board at the office of the society.
(B) the members shall make claims or raise objections to the voters' list; and
(C) the decision of the Electoral Officer on the claims made or objections
raised to the voters’ list shall be published.;
(iii)the date on which, the place at which and the time during which,-
(A) the nomination papers shall be filed;
(B) the nomination papers shall be scrutinized and list of valid nominations
shall be published;
Provided that there shall be an interval of not less than three clear days
between the date fixed for filing of nomination and the date of poll:
(5) for sub-rule (6), the following sub-rule shall be substituted, namely :-
(6)(a) The District Election Officer or the Election Officer shall send notice of
election to the members who, on the date thirty days prior to the date of poll,
were the members of the society. The notice shall contain information regarding-
(b) The election notice shall be sent at least fifteen days prior to the date of the
poll by one or more of the following modes, namely:-
(i) by giving or tendering it to such member and if he is not found, by giving
or tendering it to some adult member of his family under his
acknowledgement; or
(ii) by e-post ; or
(iii) by publication in one or more local newspapers having circulation in
the area of operation of the society and approved by the Government for
the issue of Government advertisements:
Provided that where the District Election Officer or the Election Officer
considers it necessary, the election notice may be displayed in one or more
prominent public places within the area of operation of the society, in addition to
being sent in one of the modes aforesaid.
(d) Where the District Election Officer or the Election Officer so directs, the Chief
Executive or where there is no such Chief Executive, the President or
Chairperson of the society shall arrange to serve the notice of election on the
members.
(e) The expenditure if any, in sending or publishing such notice shall be borne by
the society.”;
(6) for sub-rule (7) the following sub-rule shall be substituted, namely :-
“(7)(a) On receipt of the election programme, the society shall immediately
prepare a list of members who, on the date thirty days prior to the date of poll,
were qualified in accordance with the provisions of the Act and Rules to vote at
the election. If different constituencies are provided in the rules or by-laws, such
member's list shall be prepared constituency wise. The list shall be prepared in
Vernacular. The names of the members in each part of the member's list shall be
arranged according to member's admission numbers as entered in the admission
book.
(ii) in the case of an affiliated society, the name of the society, its registration
number, address and admission number, together with the name of the delegate
and the date of expiry of the current term of the delegate.
(c) The society shall send three copies of the member's list to the Electoral
Officer at least fifteen clear days prior to the date of poll.
(d) The Electoral Officer shall verify the member's list sent by the society with
reference to the available records and prepare a list of members who on the
date thirty days prior to the date of poll were qualified in accordance with the
provisions of the Act and Rules to vote at election (herein after called the voters’
list). The voters’ list shall be prepared in Vernacular. The names of the members
in each part of the voters’ list shall be arranged according to member's admission
number as entered in the admission book.
(f) The Electoral Officer shall publish the voters list on the notice board at the
office of the society not less than ten clear days prior to the date of poll requiring
the members to make their claims or raise their objections, if any, by a petition
setting out the grounds on which the claim is based or the objection is raised, as
the case may be, and present it to the Electoral Officer within two days of such
publication.
(g) The Electoral Officer shall decide in writing the claims made or objections
raised, if any, to the voters’ list, after making such enquiry as he considers
necessary and make such corrections as may be deemed necessary and shall
publish in the notice board at the office of the society or at such other places as
he may consider necessary such corrections atleast two days prior to the date
fixed for filing of nomination. For the purpose of deciding the claims or objection,
the Electoral Officer shall have free access to verify the accounts, books, records
and documents belonging to or in the custody of the society.
(h) If any society fails to prepare and send the member's list within the time
specified in clause(c), the Electoral Officer shall himself or through any person,
authorised by him in this behalf, prepare the voters’ list and the society shall pay
the expenses therefor. In such cases, the Electoral Officer shall also publish the
voters list in the notice board at the office of the society at least seven clear days
prior to the date of poll requiring the members to make their claims or raise their
objections, if any, by a petition setting out the grounds on which the claim is
based or the objection is raised, as the case may be, presented to the Electoral
Officer within one day of such publication. The provisions in clause (g) shall apply
with the modification that the correction so made shall be published in the notice
board at the office of the society or at such other place as he may specify, at
least on the date prior to the date fixed for filling of nomination.;
(7) after sub-rule (7), the following sub rule shall be inserted, namely:-
"(7-A) Notwithstanding anything contained in the Rules or the by-laws, in the
case of a central society or an apex society where there is only society member
and no individual member, for the election of members of the board to fill up the
seats reserved for Scheduled Castes and Scheduled Tribes or Women, the
central society or the apex society concerned shall prepare a list of members of
the boards of societies affiliated to it and belonging to Scheduled Castes and
Scheduled Tribes or Women respectively and who were qualified in accordance
with the provisions of the Act and the Rules for being elected as a member of the
board of such central or apex society, as the case may be, and send three copies
of such lists to the Election Officer concerned at least ten days prior to the date of
poll.”;
(8) in sub-rule (8),- (a) in clause (a), after the second proviso, the following
provisos shall be added, namely :-
“Provided also that in the case of a central or apex society which has only
society member and no individual member, for election to the board of such
central or apex society to fill up the seats reserved for Scheduled Castes and
Scheduled Tribes or for women, a person whose name is not included in the
voters’ list, shall also be eligible for being nominated as a candidate, if such
person is a member of the board of a society affiliated to such central or apex
society and belongs to Scheduled Castes and Scheduled Tribes or a woman, as
the case may be, and whose name is included in the list referred to in
sub-rule (7-A).”
Provided also that if the seat is reserved for Scheduled Castes and Scheduled
Tribes, the candidate seeking election to such reserved seat shall furnish a
declaration in the nomination form made by him specifying the caste or tribe of
which he belongs and the area in relation to which that caste or tribe is notified as
a Scheduled Castes or Scheduled Tribes of the State.”;
(b) after clause (a), the following clause shall be inserted, namely :-
“(aa) Nothing contained in this sub-rule shall prevent any candidate from being
nominated by more than one nomination paper for any one election:
Provided that not more than four nomination papers shall be presented by
or on behalf of any candidate for any one election.
(c) for clause (d), the following clause shall be substituted, namely :-
“(d) On the date and time fixed in the election notice for the scrutiny of
nomination papers, the Electoral Officer shall decide in writing the objections, if
any, which may be made to any nomination and may, either on such objection or
on his own motion, after making such summary enquiry, as he considers
necessary, reject any nomination on any of the following grounds:-
(i) that on the date fixed for filing of nomination papers, the candidate either
was not qualified or was disqualified for being elected to fill the vacancy
under any of the provisions of the Act or the Rules; or
(ii) that there has been a failure to comply with any of the provisions in
clause(a) or clause (aa) or this rule; or
(iii) that the signature of the candidate or the proposer or seconder on the
nomination paper is not genuine; or
(iv) that where the election is solely for a seat or for seats reserved for
Scheduled Castes and Scheduled Tribes or Women, the candidate
does not belong to such reserved category:
(9) in sub-rule (9),- (a) for clause (a), the following clause shall be substituted
namely :-
“(a) If for any constituency for which the election is to be held, the number
of candidates in respect of whom valid nominations have been filed but have not
been withdrawn does not exceed the number of candidates to be elected for that
constituency, such candidates shall be deemed to have been duly elected for the
constituency and the names of such candidates shall be published in the notice
board at the office of the society or at such other place as the Election Officer
may specify, after a declaration by the Election Officer to the effect that they have
been duly elected. The Election Officer shall immediately send a report to the
District Election Officer, the State Election Officer and the Election Commission.;
(b) after clause (b), the following clauses shall be added, namely :-
(f) If all the vacancies in the reserved seats to be filled at the election have
been filled under clause (d) or (e) and if the number of contesting candidates
remaining after the exclusion of the candidates so declared elected under the
said clauses is not larger than the number of non-reserved seats to be filled at
the election, the Election Officer shall cause a copy of the list of contesting
candidates in Form No. 20 to be affixed in the notice board at the office of the
society and after such affixation shall declare them duly elected to the non-
reserved seats. The Election Officer shall immediately send a report to the
District Election Officer, the State Election Officer and the Election Commission.
(g) If there are any seats remaining to be filled after following the
procedure prescribed in clauses (a), (d), (e) and (f), the Election Officer shall
send a report to the District Election Officer, the State Election Officer and the
Election Commission. In such case, the Election Commission may start election
proceedings afresh in all respects as if for a new election to fill up the vacancy or
vacancies.
(h) In respect of vacancies not filled under clauses (d), (e) and (f) or where
the number of contesting candidates is more than the number of seats to be
filled, a poll shall be held for election from among the candidates remaining after
excluding those declared elected under the said clauses.”;
(a) for clause (b), the following clause shall be substituted, namely :-
(b) The ballot box shall be so constructed that ballot papers can be
introduced therein but cannot be taken out there from without the box being
unlocked. Every ballot box used at a polling station shall bear labels and address
tags both inside and outside marked with-
(i) name of the society and the name of the constituency, if any, for which
the election relates;
(ii) the name of the polling station;
(iii) the serial number of the ballot box (to be filled in, at the end of the poll
on the label and addressed tag outside the ballot box only) and
(iv) the date of poll.;
(b) for clause (f), the following clause shall be substituted, namely :-
“(f) Each ballot paper shall contain the serial numbers allotted to the
candidates together with their names, the reserved / unreserved seat to which he
is contesting and sufficient space for making the mark x or + on the ballot paper
by the voter. The ballot paper shall also contain on the top of it the name and
address of the society and the constituency, if any, for which the election is held
and the seal and signature of the Election Officer on the reverse of it. Serial
number of each ballot paper shall also appear at the top or the reverse of it.”;
(11) in sub-rule (11),- (a) for clause (b), the following clause shall be substituted,
namely :-
(b) The Election Officer or the Polling Officer shall regulate the number of
voters to be admitted at any one time inside the polling station and shall exclude
therefrom all persons other than—
(i) persons appointed by the Election Officer to assist him in the conduct
of election,
(ii) each candidate and one election agent of each candidate,
(iii) a child in arm accompanying a voter,
(iv) a person accompanying a blind or infirm voter who cannot move
without help, and
(v) officers or employees of the society appointed under clause(a).:
Provided that where a polling station is for both men and women voters,
the Election Officer may direct that they shall be admitted into the polling station
in separate batches.
(c) after clause (c), the following clause shall be inserted, namely :-
“(cc) At every election, where a poll is taken, votes shall be given by ballot and all
voters voting at an election shall do so in person at the polling station and no
votes shall be received by proxy.”;
(12) for sub-rule (16), the following sub-rule shall be substituted, namely :-
“(16) The votes recorded in every ballot paper other than those rejected under
sub-rule (15) shall be counted. The Election Officer shall as far as practicable
proceed continuously with the counting and shall during any interval when the
counting has to be suspended, keep the ballot papers, packets and all other
papers relating to elections sealed with his own seal and the seals of such
candidates or election agents as may desire to affix their seals and take sufficient
precaution for their safe custody during such interval. As soon as the counting of
the votes is completed, the Election Officer shall announce the number of valid
votes secured by each candidate and declare the candidate who has secured the
largest number of valid votes as elected. In the case of equality of votes, the
results of the election shall be decided by casting lots by the Election Officer.”;
(13) in sub-rule (17),- (a) for clause (c), the following clause shall be substituted,
namely :-
“(c) As soon as the election is over, the Election Officer shall intimate the results
of the election in Form No.22 to the society, the Election Commission, the District
Election Officer, the State Election Officer and the Election Officer, if any
appointed under sub-rule (1) of rule 53 for conducting the election of the
office- bearers of the board .”;
(14) in sub-rule (18),- (a) for clause (b), the following clause shall be substituted,
namely :-
“(b) The fact that election has been so stopped shall be immediately
announced and reported to the District Election Officer, the State Election Officer
and the Election Commission forthwith by the Election Officer.”;
(b) in clause (c), for the expression “Registrar”, the expression “the
Election Commission” shall be substituted;
(c) after clause (c), the following clause shall be inserted, namely :-
(15) for sub-rule (20), the following sub-rule shall be substituted, namely:-
“(20) Any casual vacancy in the office of an elected member of the board
has arisen if the remaining term of office of the board is not less than half of its
original term, the vacancy shall be filled up in the same manner as specified in
this rule.”;
(17) in sub-rule (22) for clause (b), the following clause shall be substituted,
namely :-
“(b) After the election is over, the election officer shall hand over the
election records to the District Election Officer or to any person authorised by him
in this behalf under acknowledgement who shall preserve the same for a period
of one year from the date of election in the event of there being no election
dispute or if an election dispute is referred to the Registrar till the date of final
disposal of the said dispute, whichever is later.”;
(18) after sub-rule (22), the following sub-rule shall be added, namely:-
“(23) Notwithstanding anything contained in the Rules, where the Election
Commission suo-motu or on complaint or on the report of the District Election
Officer or observer is of the opinion that, it is not possible to hold free and fair
election on account of the prevailing law and order problem, or riot or open
violence, or communal clash or on account of natural calamity or bundh or such
other sufficient cause, the Election Commission shall have the power to cancel
the elections to co-operative societies, recording the reasons there for. In such a
case, the Election Commission may start election proceedings afresh in all
respects as if for a new election to fill up the vacancy or vacancies.”;
(3) The Election Commission may appoint the officers appointed as the
Registrars of Co-operative Societies by the Government under section 3 of the
Act as the State Election Officers in respect of the Co-operative Societies under
their respective administrative control. Subject to the superintendence, direction
and control of the Election Commission, the State Election Officers, shall co-
ordinate and supervise the preparation and publication of voters’ list and also the
conduct of elections of members of the boards and the office bearers of the
boards of societies under their respective administrative control. They shall also
perform such other functions as may be entrusted to him by the Election
Commission from time to time.
(b) The Observer nominated under clause (a), shall have the power to
direct the Election Officers concerned, to stop the counting of votes at any time
before the declaration of the result or not to declare the result, if in the opinion of
the Observer, booth capturing has taken place at a large number of polling
stations or at places fixed for the poll or counting of votes or any ballot papers
used at a polling stations or at places fixed for the poll are unlawfully taken out of
the custody of the Election Officer or if at any time before the counting of the
votes is completed, ballot papers used at a polling station are unlawfully taken
out of the custody of the Election Officer or are accidentally or intentionally
destroyed or lost or are damaged or tampered with to such an extent that the
result of the poll at that polling station or place cannot be ascertained.
(c) Where an observer has directed the Election Officer under this rule to
stop counting of votes or not to declare the result, the Observer shall forthwith
report the matter to the District Election Officer, State Election Officer and the
Election Commission and thereupon, the Election Commission shall, after taking
all material circumstances into account, issue appropriate directions as may
deem proper for the further conduct and completion of the election.
Explanation:- For the purposes of this sub-rule, “Observer” shall include any
officer of the Election Commission as has been assigned under this rule the duty
of watching the conduct of election or elections to a co-operative society or a
group of co-operative societies within a District or a Revenue Division or a part of
a Revenue Division.
(9) The Election Commission may issue such general or special directions
as may in its opinion be necessary, for the purpose of giving due effect to these
rules, or holding any election under the Act and the Rules.
(10) If any difficulty arises in giving effect to the provisions of rules 52, 52-
A and 53 or in holding any election, the Election Commission, as occasion may
require, may, by order do anything which appears to it necessary for the purpose
of removing the difficulty.
(11) All orders, direction, etc., issued by the Election Commission or the
State Election Officer or District Election Officer or the Electoral Officer, for the
preparation of electoral rolls and for the conduct of elections under the Rules
shall unless repugnant to the Rules, be deemed to have been issued or made
under the Rules.
10. in rule 53,- (1), in sub-rule (1), for clause (a), the following clause shall be
substituted, namely:-
“(a) The District Election Officer appointed by the Election Commission for the
conduct of election of members of the board of a society shall appoint an officer
of the Government or officer subordinate to him or officer or employee of co-
operative societies or local authorities or undertakings owned by the state or
central government or educational institutions as may be necessary as the
Election Officer for conducting the election of office bearers of the board of the
society. The District Election Officer may also appoint an alternative election
officer for conducting the election.”;
(2) for sub-rule (2), the following sub-rule shall be substituted, namely:-
“(2) As soon as the members of the board have been elected, the election officer
shall arrange to convene a meeting of such elected members of the board for
conducting the election of office-bearers of the board.”;
(3) in sub-rule (10), for clause (c), the following clause shall be substituted,
namely :-
“(c) As soon as the election is over, the Election Officer shall intimate the results
of the election to the society concerned, the District Election Officer, the State
Election Officer and the Election Commission.”;
(4) in sub-rule (11), for clauses (b) and (c), the following clauses shall
respectively be substituted, namely :-
“(b) The fact that the election has been so stopped shall be immediately
announced and reported to the District Election Officer, the State Election Officer
and the Election Commission by the Election Officer.
(c) Proceedings with reference to the election so stopped shall be resumed from
the stage it was stopped or resumed at an earlier stage as may be decided by
the Election Commission.”;
(5) in sub-rule (13), for clause (b), the following clause shall be substituted,
namely :-
“(b) After the election is over, the election officer shall hand over the election
records to the District Election Officer or to any person authorised by him in this
behalf under acknowledgment who shall preserve the same for a period of one
year from the date of election in the event of there being no election dispute or if
an election dispute is referred to the Registrar, till the date of final disposal of the
said dispute, whichever is later.”;
(6) for sub-rule (14), the following sub-rule shall be substituted, namely:-
“(14) Every casual vacancy of an office-bearer shall be reported to the Election
Commission by the society within fifteen days of its occurrence, which shall be
filed up in the same manner as specified in this rule.”;
(7) for sub-rule (15), the following sub-rule shall be substituted, namely:-
“(15) Nothing contained in this rule shall apply to the election of president or
vice president or Chairperson or Vice chairperson as the case may be, of an
interim board referred to in sub-clause(ii) of clause (d) of sub-section(1) and of
sub-section(2) of section13 and the fourth proviso to sub-section(1) of section
33.”;
(8) after sub-rule (15), the following sub-rule shall be inserted, namely :-
“(16) Notwithstanding anything contained in this rule, the Election Commission
may for sufficient reasons direct the postponement of the election of office
bearers or further postponement of the date so postponed and the District
Election Officer and the Election Officer shall give effect to such direction. Further
proceedings with reference to the election so postponed shall be resumed from
the stage it was postponed or resumed at an earlier stage as may be decided by
the Election Commission.”;
(12) for rule 55, the following rule shall be substituted, namely:-
“55. Representative of a society to the board of another society,- (1) Where the
Act, Rules or the by-laws provide for representative of a society to the board of
another society, such representative shall be chosen by the board of the former
society by a resolution passed by a majority of the members present and voting.
(2) No person other than a member of the board of, or a delegate of, any society
affiliated to any apex society or central society prescribed under sub-section (2)
of section 33 shall be chosen as a representative to the board of a scheduled co-
operative society.
13. for rule 56, the following rule shall be substituted, namely:-
“56. Term of office of delegate.- The term of office of a delegate shall be the
same as the term of his office as President or Chairperson or as a member of the
board which elected him, as the case may be:
14. in rule 69, for sub-rule (4), the following sub-rule shall be substituted,
namely:-
“(4) Any amount recovered by an employer or officer disbursing salary or
wages from an employee by deducting from his salary or wages in pursuance of
a requisition received from any society or societies, as the case may be, shall be
remitted by such employer or officer, as the case may be, to the society or
societies concerned as soon as possible and in any case within a period of
fourteen days from the date on which the deduction is made.”;
15. in rule 101,- (1) for sub-rule (1), the following sub-rule shall be
substituted, namely:-
(1) The Chief Executive of the society or where there is no Chief
Executive, the President or Chairperson of the society shall prepare the financial
statements and other details required for the completion of audit immediately
after the close of the financial year of the society concerned and shall intimate in
Form No. 34 to the auditor or the auditing firm, as the case may be, and the
Registrar (Audit), the Registrar and the federal society concerned.
Explanation.—For the purposes of this rule and rules 102 and 103, the
expression “Registrar (Audit)” means the officer of the Government on whom the
powers of a Registrar under section 80 have been conferred.";
16. after rule 101, the following rule shall be inserted, namely:-
“101-A. Qualifications of auditors and auditing firms
(1) No person shall be eligible for appointment as an auditor of the
Government unless he is an officer of the Government.
(2) No person shall be eligible for appointment as an auditing firm, unless
such person is a member of the Institute of Charted Accountants and his name is
included in the panel approved by the Government or an authority authorised by
the Government in this behalf.
(3) The accounts of the following categories of societies shall cause to be
audited by an auditing firm:-
(i) the Tamil Nadu State Apex Co-operative Bank;
(ii) District Central Co-operative Bank; and
(iii) such other categories of societies as may be notified by the
Government from time to time.”;
(2) for sub rules (2), (3), (4) and (5), the following sub-rules shall
respectively be substituted, namely:-
“(2). The Registrar (Audit) shall, where the audit is done by an auditor of
the Government or an auditing firm, obtain from such auditor or auditing firm an
audit memorandum on the accounts and on every balance sheet and profit and
loss account examined by him, or it and in the audit memorandum, the auditor or
the auditing firm who or which does the audit shall state whether in his or its
opinion and to the best of his or its information and according to the explanation
given to him or to it the said accounts give a true and fair picture—
(i) in the case of the balance sheet, of the state of the society’s affairs as at
the end of the financial year; and
(ii) in the case of the profit and loss account, of the profit and loss for the
financial year.
(3). The auditor of the Government or the auditing firm who or which does the
audit shall also state in the audit memorandum—
(a) whether he or it has obtained all the information and explanations which to
the best of his or its knowledge and belief, were necessary for the purpose of
his or its audit;
(b) whether, in his or its opinion, proper accounts and books as required by
the Act and Rules and the by-laws of the society have been kept and regularly
maintained by the society so far it appears from his or its examination of these
books; and
(c) whether the society’s balance sheet and profit and loss account dealt with
by the memorandum are in agreement with accounts, books and returns.
(5). The audit memorandum shall contain schedules with full particulars of—
(i) all transactions which appear to be contrary to the provisions of the Act and
Rules or the by-laws of the society;
(ii) all sums which ought to have been but have not been brought into account
by the society;
(iii) any material impropriety or irregularity in the expenditure or in the
realisation of moneys due to the society;
(iv) any money or property belonging to the society which appears to the
auditor or auditing firm who or which does the audit to be bad or doubtful
debts; and
(v) any other information as may be required by the Registrar (Audit) in this
behalf.”.
(4). for sub-rule (7), the following sub-rule shall be substituted, namely:-
“(7) On completion of the audit, the Registrar (Audit) or the auditor or auditing
firm shall award an audit classification letter to the society whose accounts have
been audited, in accordance with the instructions of the Registrar (Audit) issued
from time to time.”;
19. in rule 145, for the expression "Managing Directors", the expression
"Managing Directors or the Chief Executive Officers", and for the expression
"Managing Director", the expression "Managing Director or the Chief Executive
Officer" shall be substituted;
(2) in sub-rule (7), for clauses (a) and (b), the following clauses shall
respectively be substituted, namely :-
“(a) Subject to the provisions in sections 73 to 77 and these Rules, the
Managing Director or the Chief Executive Officer shall be the authority
competent—
(i) to make appointments of the members of the establishment other
than paid officers in accordance with the strength of each category and
scales of pay prescribed in the special by-law covering the service
conditions of the employees of the society concerned;
(ii) to transfer all the members of the establishment;
(iii) to grant leave of all kinds to all the members of the establishment;
(iv) to award any punishment on any member of the establishment as
specified in the rules.”;
“(b) Appeals against the orders under sub-clause (iv) of clause (a) above
shall lie to such authority as prescribed in the special by-law covering the service
conditions of the employees of the society concerned.”;
“FORM No. 18
[See clause (a) of sub-rule (8) of Rule 52 of the
Tamil Nadu Co-operative Societies Rules, 1988.]
Nomination form for election under sub-section (11) of section 33 of the Tamil Nadu
Co-operative Societies Act, 1983 as a member of the board of a Co-operative Society
1. Name of the society in which the candidate seeks election.
2. Name of the constituency, if any :
3. Name of the candidate :
Sex :
Membership Number :
Whether he belongs to Scheduled Castes/Scheduled Tribes, if so
the particular Caste or Tribe which he belongs.
Name of the society of which he is a delegate, if he represents a
society :
4. Father’s or Husband’s Name :
5. Full address of the candidate :
6. Name of the proposer :
Membership number :
Name of the society of which he is a delegate, if he represents a
society :
7. Signature or thumb-impression of the proposer :
8. Name of the seconder :
Membership number :
Name of the society of which he is a delegate, if he represents a
society :
9. Signature or thumb-impression of the seconder :
Candidate’s Declaration
I declare that I am willing to stand for election and that I do not attract any of the
disqualifications specified in the Act or the Rules.
I also declare that the particular caste or tribe of which I belong is notified as a
Scheduled Castes or Scheduled Tribes of the State in relation to my native place.
FORM No. 20
[See clause (i) of sub-rule (8) of rule 52 of the
Tamil Nadu Co-operative Societies Rules, 1988]
“SCHEDULE - II
(see rule 59)
Part A
1. Tamil Nadu State Apex Co-operative Bank Ltd., Chennai
(i) one having experience in the field of Finance and Banking; and
(ii) six members from among the women members of the boards of
affiliated primary agriculture and rural development banks
elected by the delegates of all member primary agriculture and
rural development banks; and
(i) one having experience in the field of Finance and Banking; and
Total 29
(ii) six members from among the women members of the boards of
affiliated societies elected by the delegates of all member
societies; and
(i) one having experience in the field of public relations and mass
communications; and
Total 27
(ii) six members from among the women members of the boards of
affiliated societies elected by the delegates of all member
societies ;
Total 28
(ii) six members from among the women members of the boards of
affiliated societies elected by the delegates of all member
societies ; and
Total 27
(ii) six members from among the women members of the boards of
affiliated societies elected by the delegates of all member
societies;
Total 26
(ii) six members from among the women members of the boards of
affiliated societies elected by the delegates of all member
societies ;
(iii) ten members at the rate of one each from ten territorial
constituencies consisting of such contiguous areas as may be
fixed by the Director of Handlooms and Textiles, Chennai,
elected from among themselves by the delegates of all member
societies other than Co-operative Spinning Mills; and
8. Tamil Nadu State Palmgur and Fibre Marketing Co-operative Federation, Chennai :
(ii) six members from among the women members of the boards of
affiliated societies elected by the delegates of all member
societies ;
(iii) five members at the rate of one each from five territorial
constituencies as may be fixed by the Chief Executive Officer of
the Tamil Nadu Palm Products Development Board, Chennai,
elected from among themselves by the delegates of all member
jaggery manufacturing co-operative societies in the respective
constituency; and
Total 26
(ii) six members from among the women members of the boards of
affiliated societies elected by the delegates of all member
societies ;
Total 28
10. Tamil Nadu Co-operative Oil Seeds Growers Federation Limited Chennai;
(ii) six members from among the women members of the boards of
affiliated societies elected by the delegates of all member
societies ;
(iv) six members at the rate of one each from the six districts in the
project area (other than the districts to which the delegates of
the oil seeds growers unions belong) elected from among
themselves by the delegates of all member Primary Oil Seed
Growers Co-operative Societies of the respective district.
(2) One co-opted member having experience in the field of oil seed 1
technology.
Total 26
11. Tamil Nadu Co-operative Milk Producers Federation Limited, Chennai:
(ii) six members from among the women members of the boards of
affiliated societies elected by the delegates of all member
district co-operative milk producers unions; and
Total 27
Total 28
13.(A) Central Co-operative Banks (other than the Chennai District Central
Co-operative Bank, Chennai )
(ii) six members from among the women members of the boards of
affiliated societies elected by the delegates of all member
societies ;
(iii) seven members elected from among themselves by the
delegates of all member primary agricultural co-operative
credit societies;
(i) one having experience in the field of Finance and Banking; and
Total 26
(ii) six members from among the women members of the boards of
affiliated societies elected by the delegates of all member
societies;
(iii) seven members elected from among themselves by the
delegates of all member employees co-operative credit
societies including employees co-operative banks;
(i) One having experience in the field of Finance and Banking and
Total 26
(ii) six members from among the women members of the society
elected by all the individual members of the society;
Total 25
(ii) six members from among the women members of the society
elected by all the individual members of the society;
16(A). District Co-operative Unions (Other than Chennai District Co-operative Union):
Total 25
(ii) six members from among the women members of the boards of
affiliated societies elected by the delegates of all member
societies;
Total 25
17. (A) Co-operative Printing Presses other than Madras Central Co-operative Printing
works and Madurai Kamaraj University Co-operative Printing Works Madurai:
(ii) six members from among the women members of the boards of
affiliated societies elected by the delegates of all member
societies;
(iii) one member elected from among themselves by the delegates
of all member district co-operative unions;
(iv) one member elected from among themselves by the delegates
of all member co-operative consumer societies;
(v) two member elected from among themselves by the delegates
of all member primary agricultural co-operative credit Societies;
(vi) one member elected from among themselves by the delegates
of all member co-operative spinning mills and co-operative
Sugar mills;
(vii) one member elected from among themselves by the delegates
of all member primary agriculture and rural development banks;
(viii) two members elected from among themselves by the delegates
of all member employees co-operative credit societies and
cooperative urban banks;
(ix) one member elected from among themselves by the delegates
of all member weavers co-operative societies; and
(x) two members elected from among and themselves by the
delegates of all other member societies and all other members.
(i) four members from among the Scheduled Castes and Scheduled
Tribes members of the boards of affiliated societies elected by the
delegates of all member societies;
(ii) six members from among the women members of the boards of
affiliated societies elected by the delegates of all member societies;
(iii) one member elected from among themselves by the delegates of all
member co-operative wholesale stores;
(iv) one member elected from among themselves by the delegates of all
member co-operative urban banks and employees’ co-operative
banks;
(v) two members elected from among themselves by the delegates of all
member employees co-operative credit societies
(vi) two members elected from among themselves by the delegates of all
member primary co-operative stores;
(vii) one member elected from among themselves by the delegates of all
member co-operative housing societies;
(viii) one member elected from among themselves by the delegates of all
member apex societies;
(ix) three members elected from among themselves by the delegates of all
other member societies and other institutions.
Total 25
(i) four Scheduled Castes and Scheduled Tribes members elected from
the Faculty of colleges affiliated to the Madurai Kamaraj University by
the representatives of the colleges affiliated to the Madurai Kamaraj
University on the general body of the Society;
(ii) six women members elected from the Faculty of colleges affiliated to
the Madurai Kamaraj University by the representatives of colleges
affiliated to the Madurai Kamaraj University on the general body of the
society;
(iii) one member being the representative of Madurai Kamaraj University ,
Madurai on the general body of the society;
(iv) one member being the representative of the Institute of
Correspondence Course and Continuing Education, Madurai Kamaraj
University on the general body of the society ; and
(v) nine members elected from among themselves by the representatives
of colleges affiliated to the Madurai Kamaraj University on the general
body of the society.
Total 25
19. District Palmgur Co-operative Federation :
(2) One co-opted member having experience in the field of edible and -1
non-edible palm products.
Total 21
20. Fishermen Co-operative Federations:
Total ---17
21. District Co-operative Agro-Service Societies:
(i) three members from among the Scheduled Castes and Scheduled
Tribes members of the society elected by all the individual members of
the society ;
(ii) five members from among the women members of the society elected
by all the individual members of the society; and
(iii) six members elected from among themselves by all the individual
members of the society.
(iv) two members elected from among themselves by the delegates of all
member block level agro engineering and service co-operative
centres; and
(v) one member elected from among themselves by the delegates of all
other member societies.
Total ----21
22. Co-operative Milk Producers’ Union:
Total ----26
23. Tamil Nadu Co-operative Silk Producers Federation ,
Kancheepuram:
Total ----27
Total ----25
25. Tamil Nadu Small Tea Growers Industrial Co-operative Tea Factories Federation
Limited, Coonoor-(INDCOSERVE):
Total ----26
26. Tamil Nadu State Federation of Urban Co-operative Banks:
(i) four members from among the Scheduled Castes and Scheduled
Tribes members of the boards of affiliated urban co-operative
banks elected by the delegates of all member urban co-operative
banks.
(ii) six members from among the women members of the boards of
affiliated urban co-operative banks elected by the delegates of all
member urban co-operative banks.
(iii) eleven members elected from among themselves by the delegates of
all member urban co-operative banks.
Total 27
27. Tamil Nadu Co-operative Sugar Federation Limited, Chennai:
(i) four members from among the Scheduled Castes and Scheduled
Tribes members of the boards of affiliated Co-operative sugar mills
elected by the delegates of all member Co-operative sugar mills ;
(ii) six members from among the women members of the boards of
affiliated Co-operative sugar mills elected by the delegates of all
member Co-operative sugar mills ; and
(iii) eleven members elected from among themselves by the delegates of
all member Co-operative Sugar Mills.
(2) Two co-opted members of whom;- -2
(i) One having experience in the field of sugarcane breeding; and
(ii) One having experience in the field of sugar industry.
Total –26
Part-B
(i) two members from among the Scheduled Castes and Scheduled Tribes
members of the society elected by all the individual members of the
society ;
(ii) three members from among the women members of the society elected
by all the individual members of the society;
(iii) three members elected from among themselves by all the individual
members of the society; and
(iv) three members elected from among themselves by the delegates of all
member societies.
Total -- 15
(1).(b) Nilgiris Agricultural Producers’ Co-operative Marketing Society,
Uthagamandalam and Nilgiris Vegetable Growers’ Co-operative Marketing Society,
Uthagamandalam:
(i) two members from among the Scheduled Castes and Scheduled
Tribes members of the society elected by all the individual members of
the society ;
(ii) three members from among the women members of the society
elected by all the individual members of the society;
(iii) three members elected from among themselves by all the individual
members of the society;
(iv) two members elected from among themselves by the delegates of all
member societies other than Hill Tribes and Large Size Multi-Purpose
Societies; and
(v) one member elected from among themselves by the delegates of all
member Hill Tribes and Large Size Multi-Purpose Societies.
Total---- 15
2. Coimbatore – Nilgiris Oil Producers and Hand – Pounding of Rice Workers’
Co-operative Federation, Sulur:
(i) two members from among the Scheduled Castes and Scheduled
Tribes members of the Federation elected by all the individual
members of the Federation ;
(ii) three members from among the women members of the Federation
elected by all the individual members of the Federation;
(iii) three members elected from among themselves by all the individual
members of the Federation; and
(iv) three members elected from among themselves by the
delegates of all member societies.
Total----15
(i) two members from among the Scheduled Castes and Scheduled
Tribes members of the Bank elected by all the individual members of
the Bank ;
(ii) three members from among the women members of the Bank elected
by all the individual members of the Bank; and
(iii) six members elected from among themselves by all the individual
members of the bank.
Total ----15
4. Co-operative Urban Banks:
(i) two members from among the Scheduled Castes and Scheduled Tribes
members of the bank elected by all the individual members of the bank;
(ii) three members from among the women members of the bank elected by
all the individual members of the bank; and
(iii) six members elected from among themselves by all the individual
members of the bank.
Total ----15
5. Co-operative Sugar Mills :
(i) three members from among the Scheduled Castes and Scheduled
Tribes members of the mills elected by all the individual members of
the mills ;
(ii) five members from among the women members of the mills elected by
all the individual members of the mills; and
(iii) nine members elected from among themselves by all the individual
members of the mills.
Total ---21
6. Co-operative Handloom Projects:
(i) three members from among the Scheduled Castes and Scheduled
Tribes members of the project elected by all the individual members of
the project ;
(ii) five members from among the women members of the project elected
by all the individual members of the project;
(iii) seven members elected from among themselves by all the individual
members of the project; and
(iv) two members elected from among themselves by the delegates of all
member Primary Weavers’ Co-operative Societies.
2. Two Co-opted members of whom,--
Total ----24
(i) three members from among the Scheduled Castes and Scheduled
Tribes members of the boards of affiliated societies elected by the
delegates of all member societies;
(ii) five members from among the women members of the boards of
affiliated societies elected by the delegates of all member societies;
(iii) three members elected from among themselves by the delegates of all
member tea factories engaged in tea manufacturing;
(iv) two members elected from among themselves by the delegates of all
member bought leaf factories;
(vi) two members elected from among themselves by the delegates of all
member estate tea factories; and
(vi) one member being the delegate of the public sector undertaking
engaged in tea manufacturing (TANTEE)
Total ----20
M.P. NIRMALA,
SECRETARY TO GOVERNMENT.
//True Copy//
Section Officer.