Vidhi Codex

section 32

Voting powers of member

The Dadra and Nagar Haveli and Daman and Diu Co-Operative Societies Regulation, 2024
Corporate2024155 sections12 chapters
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Chapter III MEMBERS AND THEIR RIGHTS AND LIABILITIES

Statutory text
  1. (1) No member of any society shall have more than one vote and the right to vote shall be exercised personally, and not by proxy: Provided that in the case of an equality of votes, the Chairperson shall have a casting vote.
  2. (2) Where a share of a society is held jointly by more than one person, each such pers on shall have, in the absence of preceding person or persons, a right to vote: Provided that such person shall be present and not be a minor: Provided further that where the manner of voting is by ballot, all the joint holders of the share may appoint one of them to vote on their behalf in the affairs of the society.
  3. (3) A society which has invested any part of its funds in the shares of another society, may appoint one of its members to vote on its behalf in the affairs of that other society, and accordingly such member shall have the right to vote on behalf of the first society: Provided that the first society shall not appoint any of its members who is also its paid employee.
  4. (4) A company or any other body corporate constituted under any law for the time being in force in the Union territory which has invested any part of its funds in the shares of a society may appoint any one of its directors or officers to vote on its behalf in the affairs of such society and accordingly such director or officer shall have the right to vote on behalf of the company or the body corporate, as the case may be.
  5. (5) Where a firm has invested any part of its funds in the shares of a society, any of its partners appointed by the firm shall be entitled to vote in the affairs of the society on behalf of the firm.
  6. (6) A local authority or public trust which has invested any part of its funds in the shares of a society may appoint any of its members or trustees to vote on its behalf in the affairs of that society and accordingly, such person shall have the right to vote on behalf of the local authority or the public trust, as the case may be.
  7. (7) No nominal or sympathiser member shall have the right to vote and shall not be eligible to be a member of a Committee or being appointed as a representative of the society on any other society.
  8. (8) The person who has committed a default and remains as such defaulter for a period of one year from the due date of repayment of such loan or interest or instalment shall not be entitled to vote as a member of a society till all repayments are made.
  9. (9) No person shall exercise the right to vote at an election of a member of a Committee in a financial year, unless he is a member of the society for the whole of the financial year preceding the financial year in which the election is being held: Provided that no member society of a federal society shall exercise the right to vote at an election of a member of a Committee unless such society has its last accounts audited in class A, B or C.
  10. (10) Nothing in sub-section (9) shall apply to the first election of a Committee to be held immediately after the registration of a society.
  11. (11) The voting rights of individual members of a federal society shall be such as may be regulated by the rules and bye-laws of the society.

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