Uttarakhand cooperative Society Rules, 2004 Amendment Rules, 2024 dated: 04/07/2024

(1) These rules may be called the Uttarakhand Co-operative Societies (Amendment) Rules, 2024. (2) It shall come into force at once.

In the Uttarakhand Co-operative Societies Rule, 2004 (hereinafter referred to as principal rules) for existing rule 80 as set out in column 1 below, the rule as set out in column 2 shall be substituted, namely:-

Column-1 Existing Rule Where co-operative society is affiliated to any other society, the former may except in the case of societies referred in Rule 81 appoint any one or more persons as may be specified in the Bye-laws of the affiliating society as delegates to represent in the general body of the latter society : Provided that no person shall be appointed as delegate unless he is member of the General Body of the former society and does not suffer any of the disqualifications laid down for delegates in the Rules and the Bye laws of the society: Provided further that where the latter co-operative society provides for reservation of seats for SC/ST, OBC and women in the Committee of Management, the former society shall, out of the number of delegates to be appointed to the General Body of the latter society, appoint at least one delegate from SC/ ST, OBC and women, as the case may be.

Column-2 Rule as hereby Substituted Where co-operative society is affiliated to any other society, the former may except in the case of societies referred in Rule 81 appoint any one or more persons as may be specified in the Bye-laws of the affiliating society as delegates to represent in the general body of the latter society : Provided that no person shall be appointed as delegate unless he is member of the General Body of the former society and does not suffer any of the disqualifications laid down for delegates in the Rules and the Bye laws of the society: Provided further that where the latter co-operative society provides for reservation of seats for SC/ST, OBC and women in the Committee of Management, the former society shall, out of the number of delegates to be appointed to the General Body of the latter society, appoint at least one delegate from SC/ ST and out of total number of delegates 33% women, as the case may be.

In the principal Rules, for existing rule 81 as set out in column-1 below, the rule set out in column 2 shall be substituted, namely:-

Column-1 Existing Rule The following societies may have delegates as follows:- a. The District/Central co-operative Bank may have following delegates in General Body:- i. Primary Agricultural Credit Society - Six ii. BlockUnion - Four iii. Marketing Society - Four iv. District Co-operative Federation - Two v. District Wholesale Consumer Store - Two vi. Any other Society - Two Provided that in (i) to (vi) above at least one delegate each shall be from Scheduled Caste/Scheduled Tribes, Other Backward classes and women in rotation. b. The District Co-operative Federation may have delegates in the General Body as follows:- i. Marketing Society ---- Four ii. Block Union ---- Two iii. Processing Society ---- Two iv. Any other Society ---- Two Provided that at least one delegate each shall be from Scheduled Caste/Scheduled Tribes, other backward classes and women in rotation. c. The District Wholesale Consumer Store may have three delegates from member society in its General Body provided that in the case of primary consumer store at least one of the delegate is a woman. (d) Marketing or Processing Societies may have delegates from each member society in their General Body as follows:- i. Primary Agricultural Credit Society--- Six ii. Any other Society --- Two Provided one of the delegates shall be a member belonging to Scheduled Caste/Scheduled Tribes, other backward classes and women in rotation. e) Block Unions shall have delegates in their General Body from each member society equal to the number of Gram Sabhas falling in the area of operation of each society. f. District Co-operative Milk Union/Federation may have 4 delegates in their General Body from each member societies: Provided that one of the delegates shall be a member belonging to Scheduled Caste/Scheduled Tribes, other backward classes and women in rotation. g. Apex Co-operative Milk Union/Federation may have 4 delegates in their General Body from each member District Co-operative Milk Unions/Federations: Provided that one of the delegates shall be a member belonging to Scheduled Caste/Scheduled Tribes, other backward classes and women in rotation. h. A co-operative society not covered in clause (a) to (g) may have delegates from each member society in accordance with the bye-laws of the society and in absence of such provision in the Bye-laws of the society ...

Column-2 Rule as hereby Substituted The following societies may have delegates as follows:- a. The District/Central co-operative Bank may have following delegates from each member societies in its General Body:- - Primary Agricultural Credit Society - Six - Block Union - Four - Marketing Society - Four - District Co-operative Federation - Two - District Wholesale Consumer Store-Two - Any other Society - Two Provided that in serial no. (i) to (iii) hereinabove at least one delegate each shall be from Scheduled Caste/Scheduled Tribes and out of total delegates to be elected in the General Body, 33% or one whichever is more, shall be from women delegate which shall be determined in rotation. In serial No. (iv) to (vi) above at least one delegate each shall be from Scheduled Caste/Scheduled Tribes or women which shall be determined in rotation. b. The District Co-operative Federation may have delegates in the General Body as follows:- - Marketing Co-operative Society ---- Four - Block Union ---- Two - Processing Society ---- Two - Any other Society ---- Two Provided that in serial number (i) above at least one delegate each shall be from Scheduled Caste/Scheduled Tribes and out of total delegates to be elected in the General Body, 33% or one whichever is more, shall be from women delegate which shall be determined in rotation. In serial number (ii) to (iv) at least one delegate each shall be from Scheduled Caste/Scheduled Tribes and women which shall be determined in rotation. c. The District Wholesale Consumer Store may have three delegates from each member society in its General Body provided that in the case of primary consumer store at least one of the delegate is a woman. (d) Marketing or Processing Societies may have delegates from each member society in their General Body as follows:- i. Primary Agricultural Credit Society---Six; ii. Any other Society ---Two; Provided that in serial number (i) above at least one delegate each shall be from Scheduled Caste/Scheduled Tribes and out of total delegates to be elected in the General Body, 33% or one whichever is more, shall be from women delegate, which shall be determined in rotation. In serial number (ii) at least one delegate each shall be from Scheduled Caste/Scheduled Tribes and women in rotation, which shall be determined in rotation. (e) Block Unions shall have delegates in their General Body from each member society equal to the number of Gram Sabhas falling in the area of operation of each society: Provided that at least one delegate each shall be from Scheduled Caste/Scheduled Tribes and out of total delegates to be elected in the General Body, 33% or one whichever is more, shall be from women delegate which shall be determined in rotation. (f) District Co-operative Milk Union/Federation may have 4 delegates in their General Body from each member societies: Provided that at least one delegate each shall be from Scheduled Caste/Scheduled Tribes and out of total delegates to be elected in the General Body, 33% or one whichever is more, shall be from women delegate, which shall be determined in rotation. (g) Apex Co-operative Milk Union/Federation may have 2 delegates in their General Body from each member District Co-operative Milk Unions/Federations: Provided that at least one of the delegate shall be from Scheduled Caste/Scheduled Tribes or woman which shall be determined in rotation. (h) A co-operative society not covered in clause (a) to (g) may have delegates from each member society in accordance with the bye-laws of the society and in absence of such provision in the Bye-laws of the society the number of ...

In the principal Rules, for existing sub rule (1) of rule 415 as set out in column-1 below, the sub rule out in column 2 shall be substituted, namely:-

Column-1 Existing sub rule A co-operative may have as many persons on its Committee of Management as may be provided in its bye-laws subject to a maximum of 21 (twenty one). Any other committee or sub-committee shall be smaller than its Committee of Management and in no case such committee or sub-committee shall consist of more than 7 (seven) members. Provided that in the Committee of Management of every co-operative society 3 seats, out of which one seat for Scheduled Caste/Scheduled Tribes and two seats for women shall be reserved.

Column-2 sub rule as hereby Substituted A co-operative may have as many persons on its Committee of Management as may be provided in its bye-laws subject to a maximum of 21 (twenty one). Any other committee or sub-committee shall be smaller than its Committee of Management and in no case such committee or sub-committee shall consist of more than 7 (seven) members: Provided that in Committee of Management of every Co-operative Society the reservation of seats be in rotation in accordance with the Hindi Alphabets as follows:- 1. One seat for Scheduled Caste/Scheduled Tribes 2. 33% total seats in Committee of Management for women. Provided that in categories of every primary co-operative at district level 33% seats of Chairman shall be reserved for women in rotation in accordance with the Hindi Alphabets of names of societies to an extent as necessary for reservation of seats. In case of Central Co-operative Societies and Apex Co-operative Societies, at State level 33% seats of Chairman shall be reserved for women in rotation in accordance with names of Society in Hindi Alphabet, to an extent as necessary for reservation of seats: Provided also that where the letter of more than one constituency is the same, there in such cases, the reservation shall be regulated by the next letter of name of a constituency. Provided also that in any co-operative society only one member of a family shall be eligible for election or co-option or nomination for any post of Committee of Management.

In the principal Rules, in rule 456- (i) for existing Subrule (2) as set out in column-1 below, the subrule set out in column 2 shall be substituted, namely:-

Column-1 Existing Subrule Election : The Election Officer shall along with the notice and program of election of members of the committee of Management also intimate that date program of election of Chairman or representative and also specify the place where such election shall be held: Provided that where any General Body of Milk Producer's Co-operative society is represented by the other Milk Producer Co-operative Society, concerned society shall be represented only through its Chairman.

Column-2 Subrule as hereby Substituted Election : The Election Officer shall along with the notice and program of election of members of the committee of Management also intimate that date program of election of Chairman, Vice Chairman or representatives and also specify the place where such election shall be held: Provided that where any General Body of Milk Producer's Co-operative Society is represented by the other Milk Producer Co-operative Society, concerned society shall be represented only through its Chairman.

(ii) for existing clause (ii) of sub rule (3) as set out in column 1 below, the clause as set out in column 2 shall be substituted, namely :-

Column-1 Existing clause The elected members and nominated non official members of the committee of management select delegate to represent the society in the General Body of another Co-operative Society of which the society is the member, from among the qualified members, among the qualified members of the General Body. Provided that in case of milk co-operative societies, in the districts, where district level milk produce co-operative unions are not established, elected from the eligible elected Chairman of Primary Milk Societies, according to the provisions prescribed for election in Rule 552 to 554 for representation in the General Body of Uttarakhand Co-operative Dairy Federation: Provided that the quorum for the election of the chairman, vice Chairman and delegate shall be more than half the number of members having voting right.

Column-2 Clause as hereby Substituted The elected members and nominated non official members of the committee of management select delegate to represent the society in the General Body of another Co-operative Society of which the society is the member, from among the qualified members, among the qualified members of the General Body: Provided that in case of milk co-operative societies, in the districts, where district level milk produce co-operative unions are not established, elected from the eligible elected Chairman of Primary Milk Societies, according to the provisions prescribed for election in Rule 452 to 454 for representation in the General Body of Uttarakhand Co-operative Dairy Federation: Provided that the quorum for the election of the chairman, vice Chairman and delegate shall be more than half the number of members having voting right.

In the principal Rules, after Rule 470 following Rule 470-A shall be inserted as follows, namely:- 470-A. (1) No person shall be eligible for election, co-option or nomination in any Committee of Management of any co-operative society, if he has held any post in Committee of Management for two continuous tenures in that society: Provided that the period for any person who has held post as member of Committee of Management constituted under rule 426 or rule 460 or rule 461 or clause (a) of sub-section (3) of Section 35 shall not be counted for period prescribed under this rule. Explanation: Where any person who is holding post of member of Committee of Management of any co-operative society on the commencement of this rules and where he is again elected, co-opted or nominated on that post than it shall be deemed that he was holding that post for one tenure before such election, co-option or nomination. (2) Any person who has not assumed any post for at least five continuous co-operative years (i.e. if he was not member of Committee of management of any co-operative society) shall become eligible for election, co-option or nomination for member of Committee of Management of that society.

In the principal Rules, in subrule (1) of rule 473 after clause (p) the following clause shall be inserted, namely:- q. he is a close relative of any paid employee of the society; r. he is a delegate of a non-credit Co-operative society which is member of a Central Co-operative Bank or Uttarakhand Co-operative Bank and the Co-operative Society has committed a default for a period exceeding ninety days. s. he has become a member of a primary agricultural credit society for the purpose of deposit only and his deposit in such society becomes less than Rupees One thousand. t. If in the opinion of Uttarakhand Co-operative Election Authority any person has participated in the election on the basis of corrupt practice/conduct or knowingly any deceitful Act or fabricated document. u. he has been convicted for more than two years by any court for any crime and against which no stay order has been obtained or the conviction order has not been set aside by any competent court.

By Order, VINOD KUMAR SUMAN, Secretary.