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