Lakshadweep Gazette, No. 34, 17 November 2023

VOL. LIX No. 34 WEDNESDAY, 8th NOVEMBER, 2023/ 17th KARTHIKA, 1945 (SAKA)

GOVERNMENT OF INDIA

LAKSHADWEEP ADMINISTRATION

DEPARTMENT OF COOPERATION)

UNION TERRITORY OF LAKSHADWEEP

KAVARATTI ISLAND - 682 555

Chapter I

Preliminary

PRICE : 75 PAISE

CHAPTER II

Registration

3 Application for registration:

5 Registration: -

7 Maintenance of register:

9 The manner of calling upon a society to make amendments to bye-laws

under section 14:

10 Change in name of society: -

11 Procedure for obtaining sanction under section 17(1):

12 Direction by Registrar for amalgamation or re-organisation of

societies: -

13 Reconstruction of a Society:

14 Manner of issue of public notice of the proceedings of de-registration

of society: -

15 Conditions for realising the assets and liquidating the liabilities of the

de-registered society by the Official Assignee: -

16 Purposes for investment of surplus by the Registrar: -

17 Procedure for obtaining sanction under section 24(1):

Chapter III

Rights and liabilities of Members

18 Conditions to be complied with for admission for membership,

cessation of membership and restriction on membership, etc.-

19 Procedure for tendering application to the Registrar for membership

under section 27: -

20 When right of membership can be exercised:

21 Voting rights of Individual members in a federal society:

22 Withdrawal of Membership: -

25 Procedure for transfer of shares: -

26 Transfer of interest on death of member:

27 Restriction on holding of shares:

sympathizer members:

29 Supply of copies of documents by societies and fees therefore: -

30 Procedure for expulsion of members: -

CHAPTER IV

Incorporation, Duties and Privileges of Societies

31 Procedure for registering the address of a society and the change of its

address:

32 Register of members:

35 Restrictions on borrowing by societies, etc.

36 Maintenance of liquid resources and distribution of assets:

38 Restrictions on borrowing from more than one credit Society:

40 Form of declaration under section 52(1)(a):

Property and funds of societies

42 Honorarium:

43 Contribution to Educational Fund:

44 Investment of funds –

brought about by the liquidator or such society; or

Chapter VI

Management of Societies

Chapter VII

Co-operative Election Authority

49 Powers of the managing committee: -

51 Restriction on rates of sitting fees and travelling and daily allowances

of members of the committee and other conditions and limitations: -

TABLE

59 Appointment of a committee or a Special Officer: -

Chapter VIII

Audit, Inquiry, Inspection and Supervision

63 Scale of audit fees: -

66 Constitution of Committee under section 95 for supervision of Federal

Societies in the Union territory: -

Chapter IX

Disputes

67 Board of nominees: -

70 Procedure of hearing and decision: -

75 Procedure for execution of awards and Recovery of costs of execution

when property is not sold: -

76 Transfer of property: -

Chapter X

Liquidation

77 Liquidation: -

78 Cost of hearing an appeal: -

79 Appointment of Liquidator and the procedure to be followed and

powers to be exercised by him: -

Chapter XI

Ensurance of certain things by Committee of cooperative bank

81 Form of information under section 118 (a):-

Appeals, Review and Revision

83 Procedure of appeal and procedure after presentation of appeal: -

85 Procedure at the hearing: -

86 Hearing in absence of the parties: -

87 Restoration of appeals decided ex-parte:-

88 Fresh evidence and witnesses: -

89 Adjournment:-

90 Procedure in case of death of one of several appellants or of sole

appellant: -

91 Procedure in case of death of one of several respondents or

opponents or sole respondent or opponent: -

92 No abatement by reason of death after hearing: -

93 Determination of legal representative: -

94 Abatement or dismissal for failure of legal representative to apply in

time may be set aside: -

CHAPTER XIII

Procedure for recovery of certain sums by attachment and sale of

property of defaulter under section 132.

99 Application: -

100 Mode of attachment: -

101 Proclamation before sale: -

102 Sale by public auction: -

103 Order in which proceedings shall be taken: -

106 Manner of dealing with distrained crops:-

109 Manner of conducting sale: -

110 Payment of property purchased: -

111 Restoration of property by Court: -

112 Cancellation of order of attachment on payment of money: -

114 Attachment of salary or allowances of public servant: -

115 Attachment of share or interest in movables: -

116 Attachment of negotiable instruments: -

117 Attachment of property in custody of court or public servant: -

118 Attachment of decree: -

119 Attachment of debt etc.: -

123 Procedure when defaulter neglects to pay: -

124 Deposit by purchaser and resale on default: -

125 Time for payment of balance of purchase money: -

126 Procedure in default of payment: -

127 Notification of resale: -

128 Procedure when decree-holder purchases property: -

130 Application to set aside sale on depositing amount due: -

131 Application to set -aside sale on ground of irregularity or fraud: -

132 Delivery of possession: -

133 Sale of immovable property to be proportionate to amount due: -

134 Private alienation of property after attachment to be void:-

135 Process servers to be paid allowances: -

136 Interest and other charges recoverable from sale proceeds: -

137 Receipt for payment: -

138 Investigation of claims and objections to attachment of property: -

139 Deficiency of price on re-sale recoverable from defaulting purchaser:

140 Determination of attachment: -

141 Ratable distribution of assets:

142 Death of defaulter before execution: -

143 Contributions and fees to be credited to Administration: -

146 Power to exempt from rules

147 Removal of Doubt: -

148 Power to remove difficulties

149 Repeal and savings: -

Form 'A'

[See Rule 3(1)]

Application for Registration of Society

Form 'A'

[See Rule 3(1)]

Application for Registration of Society

Acknowledgement

Form 'B'

[See Rule 5(1)]

Register of applications for registration received in the office of the Registrar

Sub-

division

Form 'B'

[See Rule 5(1)]

Register of applications for registration received in the office of the Registrar

FORM NO.1 B

[See Rule 5(4)]

Certificate of registration issued under Section 9(4) of the Lakshadweep

Cooperative Societies regulation 2022 (No.4 of 2022)

FORM NO.2 B

[See Rule 5 (6)]

Certificate of registration issued under Section 9(4) of the Lakshadweep

Cooperative Societies regulation 2022 (No.4 of 2022)

FORM C

[See Rule 7(1)]

Register of Co-operative Societies registered or deemed to be registered

FORM D

[See Rule 9 (1) ]

FORM E

[See Rule 13(1)]

APPLICATION FOR RECONSTRUCTION OF A SOCIETY

Form F

[See Rule 19(1)]

Form G

[See Rule 24]

NOTICE UNDER SECTION 31 OF THE REGULATION

Form H

[See Rules 32& 33]

Register of members

Particulars of shares held

FORM I

(See Rule 38(1)]

FORM J

[See Rule 40]

SCHEDULE

Form K

[See Rule 54(1)]

Form L

[See Rule 54(6)(j)]

FORM M

[See Rule 69(1)]

Opponents

FORM N

[See Rule 76(5)]

FROM OF CERTIFICATE FOR TRANSFER OF PROPERTY UNDER SECTION 105

DESCRIPTION OF PROPERTY

FORM O

[See Rule 81]

INFORMATION REGARDING THE LOANS TAKEN FROM THE BANK BY EACH

COMMITTEE MEMBER, MEMBERS OF THE FAMILY AND COMPANIES WITH

WHICH HE IS ASSOCIATED

...............................................BANK LTD.

FORM P

[See Rule 79(7)]

FORM Q

[See Rule 145]

THE LAKSHADWEEP CO-OPERATIVE SOCIETIES RULES, 2023

SCHEDULE -I

CONDUCT OF ELECTION OF COMMITTEE RULES,2023

(See rule – 47 of Lakshadweep Cooperative Societies Rules, 2023)

10 Requirements for valid nominations;

52.The Returning Officer shall also conduct election for electing the office

bearers of the Society in the following manner.

******************************

FORM - 1

(See Rule 47 Schedule I (8))

Notification for election of members of the committee of

Cooperative Societies in Union Territory of Lakshadweep.

FORM - 2

(See Rule 47 Schedule I (9))

Nomination for election of members of the committee/board of

Cooperative Societies in Union Territory of Lakshadweep.

FORM - 3

(See Rule 47 Schedule I (9))

FORM - 4

(See Rule 47 Schedule I (10))

Declaration of the candidate contesting to the seat reserved for………….

FORM - 5

(See Rule 47 Schedule I (10))

FORM - 6

(See Rule 47 Schedule I (12))

FORM - 7

(See Rule 47 Schedule I (13))

Notice of withdrawal of candidature

FORM - 8

(See Rule 47 Schedule I (14))

FORM -9

(See Rule 47 Schedule I (15))

Form of declaration of result of uncontested election

FORM - 10

(See Rule 47 Schedule I (16))

FORM - 11

(See Rule 47 Schedule I (21))

Appointment of polling agent

SIGNED BEFORE ME

FORM - 12

(See Rule 47 Schedule I (22))

Appointment of counting Agents

Declaration of the Counting Agents

(To be signed before the Returning Officer)

Signed before me

FORM -13

(See Rule 47 Schedule I (24))

Form of Ballot Paper

FORM -14

(See Rule 47 Schedule I (29))

LIST OF CHALLENGED VOTES

FORM - 15

(See Rule 47 Schedule I (32))

DECLARATION BY THE COMPANION OF BLIND OR INFIRM ELECTOR

FORM - 16

(See Rule 47 Schedule I (32))

List of blind and infirm voters

Full Name of

Companion

FORM - 17

(See Rule 47 Schedule I (34))

List of Tendered Votes

Form 18

(See Rule 47 Schedule I (37))

BALLOT PAPERS ACCOUNT

FORM - 19

PART I- ACCOUNT OF VOTES RECORDED

(Voting by Electronic Voting Machine)

PART II - RESULT OF COUNTING

FORM - 20

(See Rule 47 Schedule I (45,47))

Form of Result Sheet

FORM - 21

See Rule 47 Schedule I (45,48))

Form of declaration of result and publication of names of members

of the Board of Directors

FORM - 22

FORM - 23

See Rule 47 Schedule I (49))

Certificate of Election

FORM - 24

See Rule 47 Schedule I (52))

Nomination for the election of office-bearers of…………………..

cooperative society

DECLARATION BY THE CANDIDATE

(To be filled by Returning Officer)

FORM - 25

See Rule 47 Schedule I (53))

click here for IIIF manifest

THE LAKSHADWEEP GAZETTE EXTRAORDINARY 1

Dated: 04-11-2023 NOTIFICATION

F. No. 41/4/2022-Coop:- In exercise of the powers conferred by sub-section (1) of Section 139 of the Lakshadweep Co-operative Societies Regulation, 2022 and all other powers enabling it in this behalf, the Administrator hereby make the following rules, namely: -

Short title 1 Short title: - (1) These rules may be called the Lakshadweep Cooperative Societies Rules, 2023.

(2) They shall extend to the whole of the Union Territory of Lakshadweep.

(3) This shall come into force with effect from the date of Notification in the official Gazette.

Definition 2 Definitions: - In these rules, unless the context otherwise, requires. - (1) "Adjudicating authority" means in relation to any dispute under this Regulation, the Registrar or his nominee or board of nominees appointed for the settlement of such dispute under the Regulation;

(2) "Co-operative year" means a year ending on the 31st day of March or on such other day in regard to a particular society or class of societies as may have been fixed by the Registrar, from time to time for balancing its or their accounts;

(3) "decree" means any decree of a Civil Court, and includes any order, decision or award referred to sub-section (1) of section 132;

(4) "decree-holder" means any society or any person (including the government) holding a decree;

(5) "defaulter" means any society against which or any person against whom, a decree has been obtained;

(6) "form" means different forms appended to these rules;

(7) "recovery Officer" means a person subordinate to Registrar who is empowered to exercise the powers of the Registrar under section 132;

THE LAKSHADWEEP GAZETTE EXTRAORDINARY 2

(8) "Regulation" means the Lakshadweep Co-operative Societies Regulation, 2022;

defaulter or to execute any decree by attachment and sale under section

(9) "sale Officer" means an officer of the Administration empowered by the Registrar by a general or special order to attach and sell the property of defaulter or to execute any decree by attachment and sale under

132;

(10) "schedule" means schedule appended to these rules;

(11) "section" means a section of the Lakshadweep Co-operative Societies

Regulation, 2022;

(12) "working capital" means funds at the disposal of a society inclusive of

paid-up share capital, funds built out of profits, and money raised by

borrowing and by other means;

Every application for registration of a society under sub-section (1) of section

Application for 8 shall be in Form A and shall be accompanied by-

registration (1) a certificate, from the bank or banks stating the credit balance in favour

of the proposed society therein;

(2) a list of persons who have contributed to the share capital together with

the amount contributed by each of them, and the entrance fee paid by

them;

(3) the scheme showing the details explaining how the working of the society

will be economically sound and where the scheme envisages the holding

of immovable property by the society, the description of immovable

property proposed to be purchased acquired or transferred to the society;

(4) such other documents as may be specified in the model bye-laws, if any,

framed by the Registrar.

(5) Any other documents specified by the Registrar from time to time.

Bye-laws and 4 Bye-laws and model bye-laws: (1) With every application for registration, the applicant shall submit a draft of the bye-laws agreed upon by them. The

model bye-laws bye-laws shall be consistent with the Regulation and these rules. The

Registrar may require a society to make bye-laws in respect of all or any of

the following matters, that is to say-

(a) the name and address of the society and its branches, if any,

however, the name does not refer to any caste or religious

denomination and is not inconsistent with the objects of society;

(b) the area of its operation;

(d) the manner in which and the limit up to which the funds of the society

may be raised, the maximum share capital which any one member

may hold and the purpose to which the funds would be made

applicable;

(e) the circumstances under which the society may borrow funds and the

procedure to be followed is such borrowing;

(f) the terms and qualifications for admission to membership;

2 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 3

(g) the class or occupation of its members, if membership is proposed to

be so restricted;

(h) the rights and liabilities and the consequences of default in payment

of any sum due by a member;

(i) payments and acquisition of interest in the society before the rights of

membership are exercised by the member;

(j) the circumstances under which withdrawal from membership shall be

permitted;

(k) the procedure to be followed in cases of withdrawal, ineligibility and

death of members;

(l) the mode of conducting business, purchase, sale. stock-taking and

other like matters;

(m) the privileges, rights and liabilities of nominal, associate and

sympathizer member;

(n) the conditions, if any, under which the transfer of share or interest of

a member may be permitted;

(o) the entrance and other fees and the fines, if any, to be collected from

members;

(p) the maximum loan admissible to a member and the procedure to be

followed in granting loans and extension of time for the repayment or

renewals thereof, and in recovering loans from members;

(q) the method of appropriating payments made by members from whom

moneys are due;

(r) voting rights of individual members in a federal society;

(s) the constitution of the Managing Committee and its powers and

duties;

(t) the constitution of other bodies of the society as provided in the

Regulation, these rules and the Bye-laws.

(u) the election of delegates of individual members;

(v) restrictions on borrowing from members and non-members;

(w) the manner in which the loss of the society will be determined and its

re-imbursement by the member who has not disposed of his produce

through the society and who is found, guilty of a breach of the bye-

laws or of any such contract;

(x) the scale of remuneration to be paid to a member who has rendered

any service to the society;

(y) appropriation of profit for any other purpose which is not prescribed in

sub-section (3) of section 57;

(z) the mode of custody and investments of funds;

(aa) the manner in which penalty should be levied on a member who is

found to be guilty of breach of bye-laws;

(bb) the authorisation of an officer or officers to sign documents and to

institute and defend suits and other legal proceedings on behalf of the

society;

(cc) the procedure to be followed in purchasing and selling of raw

materials and finished products and in stock-taking;

3 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 4

(dd) the method of recruitment, the conditions of service and the authority competent to fix, revise or regulate the scales of pay and allowances of paid officers and servants of the society and the procedure to be followed in the disposal, of disciplinary cases against them;

(ee) the manner of summoning general meetings under section 75 and section 76, notice period, quorum and the manner of making, altering or abrogating bye-laws;

(ff) the number of members required for the requisition of a special general meeting;

(gg) the disposal of surplus assets of the society under section 115;

(2) (a) It shall be competent to the Registrar to frame model bye-laws for each class or classes of societies and to suggest modifications thereto from time to time.

(b) Such model bye-laws shall be adopted by a society with such modifications, if any, as may be suggested by the society and agreed to by the Registrar.

(1) On receipt of an application under Rule 3, the Registrar shall enter

Registration particulars of the application in the register of application to be maintained in Form 'B', give a serial number to the application, and issue a receipt in acknowledgement thereof.

(2) The Registrar may give, wherever necessary, opportunity to the promoters to modify the proposed bye-laws before finally registering the society or rejecting the application for registration of the society.

(3) The Registrar may before passing final orders, call for such further information or make such inquiry as he may deem necessary. It shall also be competent to the Registrar before registering a society to make such alterations in the draft by-laws submitted with the application for registration as he may deem advisable, provided that the written consent of the applicants is obtained to such alterations.

(4) On registering a society and its bye-laws under sub-section (1) of Section 9, the Registrar shall grant to the society, a certificate of registration signed by him and bearing his official seal and containing the registration number of the society, and the date of its registration. The Registrar shall also furnish the society with a certified copy of the bye-laws approved and registered by him in Form 1B.

(5) The period for the purpose of amendment of bye-laws under clause (b) of sub-section (1) of section 9 shall be three months from the date of the order of the Registrar under the said clause (b).

(6) Notwithstanding anything contained in sub-section (4) of section 9, where the Registrar is satisfied that the original registration certificate is4 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 5 irrecoverably lost and the duplicate certificate could not be issued as the

Manner of files or records regarding the registration of the co-operative society was

issuing

Certificate if the lost, after registration, the Registrar shall issue a certificate in Form 2 B stating the registration number and date of registration of a co-operative

registration society, on the basis of the details available in the audit certificate and the certificate is

irrecoverable records available with the Registrar, signed and sealed by him, which

lost shall be conclusive proof that the said society is duly registered and it

shall be treated as a certificate of registration

Refusal of 6 Refusal of Registration: - Where any society does not furnish the information in regard to the society as required by the Registrar or fulfils

Registration any of the conditions laid down in the Regulation or these rules, the

Registrar may refuse to register that society.

(1) The register to be maintained by the Registrar under section 10 shall be

Maintenance of in Form C.

of symbol, for giving registration number to the societies and the societies

shall be registered from the dates specified by him.

8 Amendment of bye-laws:

(1) Bye-laws may be made, altered or abrogated by a resolution passed at a

Amendment of general meeting of the society held for that purpose.

bye-laws (2) The society shall give due notice in accordance with its bye-laws to all

the members for considering any amendment thereof in accordance with

the bye-laws of the society.

(3) The resolution is passed by not less than two thirds of the members

present, and voting at the general meeting at which a quorum shall be

present or at an adjourned general meeting at which if a quorum is not

present within half an hour from the time appointed for holding the

meeting, the members present shall form quorum.

(4) After the resolution is passed, a proposal shall, within a period of two

months from the date of the general meeting at which the resolution was

passed, be furnished to the Registrar along with, -

(a) a copy of the relevant bye-laws in force with amendments proposed

to be made in pursuance of the resolution, together with reasons

justifying such amendments;

(b) a copy of resolution passed in the general meeting;

5 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 6

amendment, signed by the officers duly authorised in this behalf by

the committee of the society;

(d) a copy of the notice given to the members of the society of the

proposal to amend the bye-law;

(e) such other information as may be required by the Registrar.

(5) On receipt of the proposal referred to in sub-rule (4), the Registrar shall

examine the amendment proposed by the society and if he is satisfied

that the amendment is not contrary to the Regulation or these rules and

is in the interest of the society and co-operative movement, he may

amendment certified by him under sub-section (4) of Section 13. Where

the Registrar is of opinion that the proposed amendment may be

accepted subject to any modification, he may indicate to the society such

modification after explaining in writing his reasons therefor.

(6) The Registrar shall dispose of the application within two months from the

date of the receipt of the proposal of amendment of bye-laws.

(1) For the purposes of sub-section (1) of section 14, the Registrar may call

The manner of upon a society to make the amendment by serving upon it a notice in calling upon a

society to make

amendments to Form D call upon a society to make such amendment to the bye-laws of the society as he considers to be necessary or desirable in its interest,

bye-laws under within a period not exceeding two months from the date of service of

section 14 notice. Such notice shall contain a draft of the amendment proposed by

the Registrar.

(2) The society thereupon shall call a special general meeting for the purpose

of such amendments and if the amendments are approved by the special

general meeting it shall be forwarded to the Registrar who shall register

the amendment and issue to the society a certified copy thereof.

(1) The name of a society may be changed under Section 15 so however that

Change in it does not refer to any caste or religious denomination and is not

name of society inconsistent with the objects of society.

(2) Every change in the name of a society shall be made by an amendment

of its bye-laws.

(3) After the change in the name is approved by the Registrar, the society

shall send the original registration certificate for amendment to the

Registrar, who shall return the same to the society duly amended.

6 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 7

(4) The Registrar shall enter the new name in the register of societies

maintained by him.

(1) Where a society proposes to amalgamate itself with another society or to

Procedure for transfer its assets and liabilities, in whole or in part to any other society

obtaining or to divide itself into two or more societies or to convert itself into another

sanction under class of society or to change its object, it shall prepare a draft scheme in

section 17(1) that behalf having regard to the provisions of sub-section (2) of section

17 and place the same before a special general meeting of its members.

(2) If the special general meeting approves the draft scheme, with or without

modifications by a resolution passed by two thirds majority of the

members present and voting at the meeting, the society shall forward a

copy of the resolution and a copy of the draft scheme as approved by the

special general meeting to the Registrar requesting him to accord his

sanction to the proposal.

(3) If the Registrar accords his previous sanction to the proposal, the society

shall proceed to take further steps in accordance with the provisions of

section 17.

(1) Before issuing any order under sub-section (1) of Section 18 providing for

Direction by the amalgamation or re organisation of any society or societies, the

Registrar for Registrar shall prepare a draft scheme in respect of such amalgamation

amalgamation or re organisation stating in particular the manner in which the new

or re committee or committees, of the society or societies resulting from such

organisation of amalgamation or re organisation shall be constituted and the bye-laws

societies which such society or societies shall follow. The Registrar shall then

consult the federal society and after considering the suggestions, if any,

that will be made by such federal society, shall send a copy of the draft

of the order proposed to be issued by him under sub-section (1) of

Section 18, to the society or each of the societies concerned calling upon

it or them to invite objections or suggestions from any member or class

of members thereof or from any creditor or class of creditors and to

submit such objections and suggestions together with its own or their own

suggestions and objections within a period of not less than two months

from the date on which the copy of the draft aforesaid was received by it

or them.

(2) The Registrar shall consider all such suggestions and objections and

make such modifications in the draft order as may seem to him desirable

in the light of those suggestions or objections and then issue a final order

under clause (b) of sub-section (3) of Section 18.

7 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 8

(3) Any member or creditor of each of the societies to be amalgamated or re

organised, who has objected to the scheme of amalgamation or re

organisation within the period specified in sub-rule (3), may apply to the

Registrar for payment of his share or interest, if he be a member, and the

amount in satisfaction of his dues, if he be a creditor, such application

shall be separate and distinct from the objection or suggestion which he

may have submitted to the society or the Registrar under clause (b) of

sub-section (3) of Section 18. It shall be competent for the Registrar to

nominate an officer to investigate such applications and to determine the

payments required to be made to the members or creditors, as the case

may be.

(4) Subject to the provisions of the Regulation, these rules and the bye-laws,

the Registrar may by order require the society concerned to meet in full

or satisfy otherwise all due claims of the members and creditors and

thereupon the society shall be bound to meet in full or satisfy otherwise

all due claims of the members and creditors within such time as may be

specified by the Registrar in the order.

Reconstruction (1) An application for reconstruction of a society under section 20 may be

of a Society made in Form E. On receipt of such application the Registrar may, taking into consideration the compromise or arrangement for reconstruction of

the society if he thinks fit, prepare a draft order indicating:

(a) the manner in which the amounts payable by the society to its

creditors should be paid and the amounts recoverable from its debtor

members should be recovered;

(b) the manner in which the share capital, if any, of such members should

be reduced;

implemented: and

(d) the manner in which the bye-laws of the society will stand amended

in order to give effect to the scheme of reconstruction.

A copy of the draft order shall be exhibited on the notice board of the society

and of the Registrar's office inviting objections and suggestions from all those

interested within a specified time, which shall not exceed one month.

(2) After taking into consideration the objections and suggestions if any

received, the Registrar may issue an order approving such reconstruction

or staying further proceedings in respect of such reconstruction. On issue

of an order approving the reconstruction, the society shall stand

reconstructed and the bye-laws of the society shall stand modified to that

effect and to that extent.

8 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 9

(1) Where the number of members of the society is so large and it is not

Manner of issue possible to ascertain the correct addresses of all such members from the of public notice records of the office of the Registrar, and in the opinion of the Registrar

of the

proceedings of it is not practicable to serve notice of hearing on each such individual

de-registration member as contemplated under the sub-section (1) of Section 22, a

of society public notice of the proceedings of the de-registration of society shall be

published in any local newspapers having wide circulation in that locality

in which the registered office of the society proposed for de-registration

is situated, and of which at least one shall be in the regional language. A

copy of the said public notice shall be sent to the registered address of

the society by registered post acknowledgement due together with the

directives to display it in the office of the society. Such copy of the notice

shall also be displayed on the notice board in the office of the Registrar.

If the notice sent by such registered post is returned undelivered, the

notice shall be treated as having been duly served.

(2) Such public notice shall contain, amongst others, the following details,

namely, —

(a) the reasons for initiating the proceedings for de-registration of the

society;

(b) the date by which any aggrieved person may submit his written

statements as to why the proposed action should not be taken;

opportunity of being heard to any aggrieved person;

(d) the proposed action contemplated under the provisions of sub-

sections (2) Section 22.

(1) The Official Assignee shall work under the general control,

Conditions for superintendence, and directions of the Registrar.

realising the

assets and (2) He shall have the following powers for the purposes of realising the assets

liquidating the and for liquidating the liabilities of society which is de-registered under liabilities of the the provisions of sub-section (1) of Section 22 namely. —

de-registered

society by the (a) he shall have powers to institute and defend any suit and other legal

Official proceedings, civil and criminal, on behalf of the de-registered society in

Assignee the name of his office;

(b) to carry on the business of the society, so far as may be necessary for the

beneficial completion of the de-registration proceedings;

9 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 10

de-registered society generally by public auction or in exceptional cases

by private contract with prior approval of the Registrar;

(d) to investigate all the claims against the de-registered society and subject

to the provisions of the Regulation, to decide questions of priority arising

out of such claims and to pay any class or classes of creditors in full or

retable according to the amount of such debts. However, the Official

Assignee shall pay all the liabilities in the following priority, namely—

(i) his salaries, remuneration, allowances, and other claims;

(ii) wages and other payments to be made to the employees of the

deregistered society including arrears;

(iii) expenses required for beneficial completion of de-registration

proceedings;

(iv) taxes, charges, fees and revenues, etc. payable under any other

law for the time being in force and such other dues which are

recoverable as arrears of land revenue;

(v) any dues payable under the decree of any Court;

(vi) deposits;

(vii) loans payable to Government of India;

(viii) loans payable to the Union Territory;

(ix) any other dues payable to the Government of India;

(x) any other dues payable to the Union Territory;

(Xi) loans guaranteed by the Government of India;

(xii) loans guaranteed by the Union Territory;

(xiii) secured loans;

(xiv) unsecured loans;

(xv) shares of Government of India;

(xvi) shares of the Union Territory;

(xvii) shares of any financial institution:

(xviii) shares of Co-operative Societies;

(xix) shares of other body corporates;

(xx) shares of members.

10 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 11

(e) to make any compromise or arrangement, with creditors or persons

(e) to make any compromise or arrangement, with creditors or persons claiming to be the creditors of having or alleging themselves to have any

claiming to be the creditors of having or alleging themselves to have any claims, present or future, whereby he may be rendered liable;

claims, present or future, whereby he may be rendered liable;

(f) to compromise all calls, or liabilities to calls, and debts and liabilities

(f) to compromise all calls, or liabilities to calls, and debts and liabilities capable of resulting in debts, and all claims present or future, certain or

capable of resulting in debts, and all claims present or future, certain or contingent, subsisting or supposed to subsist between him and

contingent, subsisting or supposed to subsist between him and contributory or alleged contributory or other debtors or person

contributory or alleged contributory or other debtors or person apprehending liability to him and all questions in any way relating to or

apprehending liability to him and all questions in any way relating to or affecting the assets of de-registration proceedings on such terms as may

affecting the assets of de-registration proceedings on such terms as may be agreed, and to take any security for the discharge of any such calls,

be agreed, and to take any security for the discharge of any such calls, liability, debt or claim and give a complete discharge in respect thereof:

liability, debt or claim and give a complete discharge in respect thereof:

(g) to determine from time to time, after giving an opportunity to answer the

(g) to determine from time to time, after giving an opportunity to answer the claims, the contribution to be made, or remaining to be made by the

claims, the contribution to be made, or remaining to be made by the members or past members of the de-registered society or by the estates,

members or past members of the de-registered society or by the estates, nominees, heirs or legal representatives of the deceased members of

nominees, heirs or legal representatives of the deceased members of deregistered society, or by the officer, past officer of the estate or

deregistered society, or by the officer, past officer of the estate or nominee, heirs or legal representatives of deceased officer to the assets

nominee, heirs or legal representatives of deceased officer to the assets of de-registered society, such contribution being inclusive of debts and

of de-registered society, such contribution being inclusive of debts and dues from such members or officers of the de-registered society;

dues from such members or officers of the de-registered society;

(h) to determine from whom and in what proportion the cost of de-registration

(h) to determine from whom and in what proportion the cost of de-registration and that of the proceedings of de-registration shall be borne;

and that of the proceedings of de-registration shall be borne;

(i) to fix the time or times within which the creditors shall prove their debts

(i) to fix the time or times within which the creditors shall prove their debts and claims;

and claims;

(j) to summon and enforce the attendance of witnesses and to compel the

(j) to summon and enforce the attendance of witnesses and to compel the production of any books, accounts, documents/securities, cash or other

production of any books, accounts, documents/securities, cash or other properties belonging to the society de-registered which have vested in

properties belonging to the society de-registered which have vested in him but are in the possession of any person or body corporate by same

him but are in the possession of any person or body corporate by same means and in the same manner as provided in the case of civil case

means and in the same manner as provided in the case of civil case under the Code of Civil Procedure. 1908;

under the Code of Civil Procedure. 1908;

(k) to do all acts and to execute in his name on behalf of the society

(k) to do all acts and to execute in his name on behalf of the society deregistered all deeds, receipts and other documents as may be

deregistered all deeds, receipts and other documents as may be necessary for finalisation of proceedings of de-registration.

necessary for finalisation of proceedings of de-registration.

(3) Immediately on his appointment, the Official Assignee shall proceed to

(3) Immediately on his appointment, the Official Assignee shall proceed to realise the assets of the society de-registered by sale or otherwise and

realise the assets of the society de-registered by sale or otherwise and liquidate the liabilities.

liquidate the liabilities.

(4) The Official Assignee, during the tenure of office, present accounts of

(4) The Official Assignee, during the tenure of office, present accounts of his receipts, not less than twice in each year, to the Registrar. The

his receipts, not less than twice in each year, to the Registrar. The Registrar shall cause the accounts to be audited in such manner as he

Registrar shall cause the accounts to be audited in such manner as he thinks fit and for the purpose of audit, the Official Assignee shall furnish

thinks fit and for the purpose of audit, the Official Assignee shall furnish to the Registrar with such accounts and information as he or the person

to the Registrar with such accounts and information as he or the person appointed by him, may require.

appointed by him, may require.

11 | 99 P a g e 11 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 12

(5) The Official Assignee shall on demand and on payment of such fee as

he may determine supply a copy of audited account to contributory.

(6) The Official Assignee shall pay such fees as the Registrar may direct for

the audit of accounts and books kept by him or by the society de-

registered.

(7) He shall be held liable for any irregularities which might be discovered in

the course or as a result of audit or otherwise in respect of transaction

subsequent to his taking over the charge as Official Assignee and may

be proceeded against as if it were an act against which action should

be taken under Section 93. Provided that no such action shall be taken

unless the irregularities have caused or likely to cause the loss, damage

and have occurred due to gross negligence or an act of omission or

commission in carrying out duties and functions assigned to him.

(8) He shall, after settling assets and liabilities of the society de-registered

as they stood on the date of his appointment, proceed to determine the

contribution to be made or remaining to be made to the assets of the

society de-registered by any person and the property of such person

and call upon each of them by order to pay the amount specified in such

order as contribution and as cost of the proceedings after de-registration

as determined under this rule after approval of the Registrar. Every such

order shall be submitted for approval to the Registrar who may modify

it or refer it back to the Official Assignee for further enquiry or further

action.

(9) If the sum assessed against any person is not covered, the Official

Assignee may issue subsidiary order or orders against any other person

or persons to the extent of the liability of each for the debts of the society

de-registered until the whole amount due from such person is

recovered. The provision of foregoing rule shall mutatis mutandis apply

to such order.

(10) He shall submit the progress report and such other reports and

statements to the Registrar, as the Registrar may require.

(11) He may empower one or more persons by general or special order in

writing to make collection and to grant valid receipts on his behalf.

(12) He shall have power to call meetings of creditors and contributories and

it shall be obligatory on all such persons to attend such meetings.

(13) The Official Assignee may, at any time, be removed by the Registrar

and he shall on such removal hand over all the property and documents

to such persons as the Registrar may direct.

(14) The Official Assignee shall exercise only those powers under the

Regulation and these rules as may be determined by the Registrar by12 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 13 general or special order from time to time and in the manner and subject

to the conditions he may impose.

(15) He shall maintain such books and accounts as the Registrar may require

him to keep.

(16) He shall submit a final report to the Registrar. On acceptance of such

report by the Registrar, the Official Assignee shall, within 30 days,

arrange to transfer the entire surplus to the Registrar.

(17) On the day of acceptance of final report of the Official Assignee by the

Registrar, all the assets of the society de-registered shall stand vested

in the Registrar and the liabilities, if any, remained to have been

liquidated, shall stand liquidated.

(18) After the Registrar accepts final report and the surplus is transferred to

him, he may terminate the appointment of Official Assignee, and from

the date of such order the person appointed as Official Assignee shall

cease to function.

(19) The Registrar shall fix the salary, remuneration and other allowances

payable to the official assignee with reference to the nature and

quantum of functions performed by him and any expenses of

management which shall be payable out of the funds of the society.

The Registrar shall dispose of the surplus vested in him under Rule 15 in any

Purposes for manner at his discretion for the following purposes, namely, -

investment of

surplus by the (1) any object of public utility, welfare activity, education, relief to poor,

Registrar medical relief and for any other charitable purpose defined in Section 2 of

the Charitable Endowment Act, 1890;

(2) any society registered with similar object which the society de-registered

had.

(1) Where a society or societies enter into collaboration with any undertaking

Procedure for or any undertaking approved by the Administrator for carrying on any

obtaining specific business or businesses, including industrial investment, financial

sanction under aid or marketing and management expertise, it shall prepare a draft

section 24(1) scheme in that behalf having regard to the provisions of sub-section (2)

of section 24 and place the same before a special general meeting of its

members.

(2) If the special general meeting approves the draft scheme, with or without

modifications by a resolution passed by two thirds majority of the

members present and voting at the meeting, the society, or societies as

the case may be, shall forward a copy of the resolution and a copy of the13 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 14 draft scheme as approved by the special general meeting to the

Administrator requesting him to accord his sanction to the proposal.

(3) If the Administrator accords his previous sanction to the proposal, the

society shall proceed to take further steps in accordance with the

provisions of section 24.

(1) No person shall be admitted as a member of a society unless-

Conditions to

be complied (a) he is not adjudicated a bankrupt or an insolvent or is an uncertificated

with for bankrupt or is an undischarged insolvent; or

admission for

membership, (b) has not been sentenced for any offence involving moral delinquency;

cessation of or

membership

and restriction (c) he is not a paid employee of the society or of its financing bank or of

on membership, any society for which it is the financing bank;

etc (d) he has applied in writing in the form laid down by the society or in the

form specified by the Registrar, if any, for membership;

(e) his application is approved by the committee;

(f) he has fulfilled all other conditions laid down in the Regulation, these

rules and the bye-laws;

(g) in case of a co-operative society, firm, company or body corporate,

society registered under the Societies Registration Act, I860, a public

trust registered under any law for the time being in force relating to

registration of public trusts or a local authority, the application for

membership is accompanied by a resolution authorising it to apply for

such membership.

(2) Any member of a society shall cease to be a member of the society if he—

(a) applies to be adjudicated, or is adjudicated a bankrupt or an insolvent;

(b) is sentenced for any such offence as is described in clause (b) of sub

rule (1):

Provided that where a person ceases to be a member of a society under

clause (b) he shall be restored to membership of the society if and when the

sentence is annulled on appeal or revision; or14 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 15 (c) becomes a paid employee of the society or its financing bank or of any

society for which it is the financing bank.

(3) No society shall retain as member any of its paid employees or any paid

employee of its financing bank or of the society for which it is the financing

bank.

(1) Where a society has refused to accept the application for membership

from eligible person or refuse to issue application form to the eligible Procedure for

tendering

application to

the Registrar for person, such person may tender an application to the Registrar in Form F together with requisite share money and entrance fee as provided in byelaws of the society concerned.

membership

under section (2) The Registrar, on receipt of such application, shall forward the same to

27 the society concerned together with requisite share money and entrance

fee within thirty days from the date of its receipt.

(3) The Society shall take the decision and communicate the same to the

applicant within three months from the date of receipt of such application

as provided in sub-rule (2).

(4) In case the society refuses to admit the applicant as its member, it shall

communicate the decision within the period of three months as

mentioned in sub-rule (3) with reasons therefor and refund the share

money and entrance fee with such communication, if appeal is not

pending before the Registrar under sub-section (4) of section 27. If the

society fails to refund the said amount, it shall be liable to pay interest at

15% per annum on the said amount from the date of such communication

and the said amount if not paid, shall be recovered as arrears of land

revenue.

Subject to the provisions of the Regulation, no person shall exercise the rights

of a member of a society unless, -

When right of

membership (1) he has paid an entrance fee as laid down in the bye-laws of the society;

can be

exercised (2) he has subscribed for at least one share and made the payment towards

the share money as laid down in the bye-laws of the society.

(3) he has fulfilled all such conditions as are laid down in the byelaws of the

society for exercising the rights of membership.

Voting rights of

Individual (1) In the case of Federal Societies, the voting, rights of individual members (which term shall include a firm, company or body Corporate, society registered under the Societies Registration Act 1860 and the Union15 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 16 members in a

federal society Territory Administration. But shall not include a Society) shall be regulated as follows:

(a) Every society through its properly authorised representative shall have

one vote in the general meeting.

(b) The quorum for the meeting shall be one fifth of the total number of

delegates or 25 whichever is less:

provisions of the bye-laws.

(d) Any vacancy of a delegate caused on account of cessation of membership shall be filed by the delegates by co-opting one of the individual members.

(2) A member specified as per sub rule (1) Rule (21) shall not be eligible for

appointment as a member of the committee of a federal society unless

he holds such number of shares in such society as may be fixed by the

Registrar from time to time in consultation with the committee of such

society.

(1) Subject to the provisions of the Regulation, these rules and the bye-laws

Withdrawal of of the society, a member may withdraw from the society after giving three

Membership months' notice to the society of his intention to resign his membership of

the society.

(2) No resignation of a membership shall be accepted by the society unless

the member has paid in full, his dues, if any to the society and has also

cleared his liability, if any, as surety to any other member or otherwise.

(3) The maximum amount of share capital that can be refunded in a year shall

not be exceed 10 per cent of the paid-up share capital of the society on

the last day of the preceding year.

(4) Any member, whose resignation has been accepted by the society, or any

heir or legal representative of a deceased member, may demand refund

of the share capital held by such member or deceased member and the

society shall, subject to the provisions of the byelaws, refund the amount

within three months from the acceptance of the resignation or, as the case

may be, the date of demand made by the heir or legal representative of

the deceased member.

(5) In all the cases where share capital is to be refunded, valuation of the

shares to be refunded shall be made in accordance with the provisions

contained in rule 23.

Valuation of 23 Valuation of shares: - (1) Where a member of society ceases to be a member thereof, the sum representing the value of his share or interest in the

shares share capital of the society to be paid to him or his nominee, heir or legal

representative, or where the transfer of or charge on the share or interest of16 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 17 a member in the capital of a society is intended to be made to the society, as

the case may be, shall be ascertained in the following manner, namely, —

(a) In the case of a society with unlimited liability, it shall be the actual

amount received by the society in respect of such share or interest;

(b) In the case of a society with limited liability, it shall be the amount arrived

at by a valuation based on the financial position of the society as shown

in the last audited balance sheet:

Provided that the amount so ascertained shall not exceed the actual amount

received by the society in respect of such share or interest.

(2) Where a person is allotted a share by a society, the payment required to

be made therefor shall not exceed the face value of the share

notwithstanding anything contained in the bye-laws of the society.

(3) When a share is transferred by a member to another member duly

admitted as a member of a society, the transferee shall not be required

to pay anything in excess of the value of the share determined in

accordance with sub-rule (1).

24 Mode of communication of classification of non- active member. - If a member is classified as non-active member, the society shall communicate

Mode of

communication such classification in Form G, to the concerned member within thirty days from the date of close of the financial year by Registered Post of classification Acknowledgement Due, by Speed Post, by hand delivery, by email or of non- active

member otherwise and also by publishing name or names of such members on notice

board of the concerned society:

Provided that, on fulfillment of conditions, the member shall be reclassified

as active member.

(1) No transfer of shares shall be effective unless, —

Procedure for

transfer of (a) it is made in accordance with the provisions of the bye-laws;

shares (b) a clear fifteen days' notice in writing is given to the society indicating

therein the name of the proposed transferee, his consent, his

application for membership where necessary, and the value

proposed to be paid by the transferee;

(d) the transfer is registered in the books of the society.

(2) Any charge in favour of the society on the share so transferred will

continue unless discharged otherwise.

17 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 18

(1) Every member of the society who is permitted by or under this Regulation

Transfer of to transfer his share or interest on death to any person shall, by a

interest on statement signed by him in the register of members kept under section

death of 43, nominate any person to whom under section 35, the value of his

member share or interest in the society or so much thereof as may be specified in

the nomination, shall be paid or transferred on his death.

(2) A nomination so made may be revoked or varied by a subsequent

nomination similarly made.

(3) In case the nominee of the member dies, the member shall report the

death to the society.

(4) The value of the share or interest for the purpose of sub-section (3) of

section 35 shall be the amount as ascertained under sub-rule (1) of rule

23.

(5) If no nomination has been made by a member, the society shall, on the

death of a member by a notice exhibited at the office of the society invite

claims or objections for transfer of the share or interest of the deceased

member to an heir to legal representative within the time specified in the

notice.

(6) After considering the objections or claims if any, received in this behalf

and after making such the committee considers necessary, it shall decide

as to the person who in its opinion is the heir or legal representative of

the deceased member, and to proceed to transfer the share or interest of

the deceased member to such person, only.

(7) In case of payment of the value of the share or interest or other moneys

due to the deceased member, the committee shall obtain sureties for the

amounts involved in such payments from two members of the society.

Restriction on No member other than co-operative society or the Administrator shall hold

holding of more than one fifth of the paid-up share capital of the society.

shares 28 Classes of societies eligible for admitting nominal, associate or

(1) A society of any class may admit any person as a nominal member.

Classes of

societies (2) A society formed for the uplift of backward classes or scheduled tribes, a

eligible for labour contract society, a forest labourers society, a processing society,

Classes of societies eligible for admitting nominal, associate or sympathizer members

admitting fishermen society or an industrial society may admit any person as an

nominal, associate or sympathizer member

associate or18 | 99 P a g e sympathizer THE LAKSHADWEEP GAZETTE EXTRAORDINARY 19 members

(1) A society shall furnish on an application by a member, a certified copy of

Supply of any of the documents mentioned in sub-section (1) of section 37 on

copies of payment of fees of Rs.3/- per page or actual cost of preparing the copies,

documents by of the documents or the photocopy/xerox, whichever is less.

societies and

fees therefore (2) An application under sub-rule (1) shall be accompanied by a deposit of an

amount to cover the cost of preparation of certified copies according to

the scale prescribed in sub-rule (1).

(3) Where the copies are prepared, the amount due from the member

according to the scale laid down in sub-rule (1) shall be retained by the

society as copying fees and the surplus amount, if any remaining out of

the deposit shall be refunded to the member at the time of supplying

copies. Where the amount deposited by the member is found to be

insufficient to cover the copying fees, the member shall be called upon to

pay the deficit before taking delivery of the copies.

(4) The copies shall be certified and signed as true copies by any person duly

authorised in this behalf by the committee or under the bye-laws of the

society.

(1) Where any member of a society proposes to bring a resolution for

Procedure for expulsion of any other member, he shall give a written notice thereof to

expulsion of the Chairman of the society. On receipt of notice or when the committee

members itself decides to bring in such resolution, the consideration of such

resolution shall be included in the agenda for the general meeting and a

notice thereof shall be given to the member against whom such resolution

is proposed to be brought, calling upon him to be present at the general

meeting to be held not earlier than a period of one month from the date

of such notice and to show cause against expulsion to the general body

of members. After hearing the member, if present, or after taking into

consideration any written representation which he might have sent, the

general body of members shall proceed to consider the resolution.

(2) When a resolution passed in accordance with sub-rule (1) is sent to the

Registrar he shall consider the resolution and after making such

enquiries as he may deem fit, give his approval or disapproval and

communicate the same to the society and the member concerned. The

resolution shall be effective from the date of such decision.

(3) The approval or disapproval of the Registrar shall be communicated to

the society within a period of three months from the date of such

submission19 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 20

(1) Every society shall incorporate in its bye- laws its address at the time of

Procedure for registration of its bye-laws. When the address of the society is registering the subsequently changed, the bye-laws shall be amended to incorporate address of a

society and the therein such changed address.

change of its (2) The address specified in the bye-laws shall be the registered address of

address the society.

members in the register kept under section 43, the total number of shares and the

amount paid towards the capital by the members.

List of Members 33 List of Members: - The list of members to be kept by every society under Section 43 shall be in Form H.

Certified copies 34 Certified copies of entries in books of societies: - For the purposes of Section 44 copies of any entries referred to in that section may be certified

of entries in by any officer of the society duly authorised in that behalf by the committee

books of or special officer or custodian or official assignee or liquidator as the case

societies may be, under the seal of the society.

(1) Except with the previous sanction of the Registrar, no society shall incur Restrictions on liability exceeding in total the following limits -

borrowing by

societies, etc. (a) if it be the State Co-operative Bank or State Housing Finance Society, or central co-operative bank or an urban co-operative bank twenty-five times the total amount of its paid up-share capital accumulated reserve fund and building fund minus accumulated losses.

(b) If it be a producer's society or distributive society, fifteen times the total amount of its paid-up share capital, accumulated reserve fund and building fund minus accumulated losses.

(b) above, ten times the total amount of its paid-up share capital, accumulated reserve fund and building fund minus accumulated

losses.

(2) In calculating the total amount of liability under sub-rule (1)

(a) In the case of the State Co-operative Bank or Central co-operative bank a sum equal to the amount borrowed on the security of agricultural20 | 99 P a g e produce or other goods belonging to the members of the shall be THE LAKSHADWEEP GAZETTE EXTRAORDINARY 21 excluded from the amount of the liability actually incurred. produce or other goods belonging to the members of the shall be (b) in the case of any other society the bye-laws of which permit borrowing

excluded from the amount of the liability actually incurred. or granting credit facilities on the pledge of agricultural produce or

other goods specified in that behalf by the Registrar by general or (b) in the case of any other society the bye-laws of which permit borrowing special order, a sum equal to the amount borrowed by the society on or granting credit facilities on the pledge of agricultural produce or the security of agricultural produce or other goods belonging to it or its other goods specified in that behalf by the Registrar by general or members shall be excluded from the amount of the liability actually special order, a sum equal to the amount borrowed by the society on incurred. the security of agricultural produce or other goods belonging to it or its

members shall be excluded from the amount of the liability actually (3)(a) Notwithstanding anything contained in sub-rule (1) a society other than

incurred.

a society referred to in clause (c) of sub-rule (1) may incur liability in

excess of the limit specified in sub-rule (1) by receiving deposits or (3)(a) Notwithstanding anything contained in sub-rule (1) a society other than borrowing loans subject to the condition that the amount received as a society referred to in clause (c) of sub-rule (1) may incur liability in deposits or loans in excess of the said limit shall not be utilised in the excess of the limit specified in sub-rule (1) by receiving deposits or business of the society but shall be invested in Government Securities borrowing loans subject to the condition that the amount received as which shall be deposited. deposits or loans in excess of the said limit shall not be utilised in the

business of the society but shall be invested in Government Securities (i) in the case of the State Co-operative Bank or Urban Cooperative Bank,

which shall be deposited.

with the Reserve Bank of India,

(i) in the case of the State Co-operative Bank or Urban Cooperative Bank, (ii) in the case of a central bank, with the State Cooperative Bank or

with the Reserve Bank of India, Reserve Bank of India, and

(ii) in the case of a central bank, with the State Cooperative Bank or (iii) in the case of any other society, with the State Co-operative/Central

Reserve Bank of India, and Co-operative bank or State Bank of India or any nationalised bank.

(iii) in the case of any other society, with the State Co-operative/Central (b) No society shall borrow against the Government securities in which it Co-operative bank or State Bank of India or any nationalised bank. has invested any amount under clause (i).

(b) No society shall borrow against the Government securities in which it (4) Every society with unlimited liability may from time to time, fix in a general

has invested any amount under clause (i).

meeting the extent to which it may receive loans and deposits from

person other than members. The maximum so fixed shall be subject to (4) Every society with unlimited liability may from time to time, fix in a general the sanction of the Registrar, who may at any time reduce It for reasons meeting the extent to which it may receive loans and deposits from to be communicated by him to the society in writing, and may specie a person other than members. The maximum so fixed shall be subject to period not less than four months, within which the society shall comply the sanction of the Registrar, who may at any time reduce It for reasons with his orders. to be communicated by him to the society in writing, and may specie a

period not less than four months, within which the society shall comply

with his orders.

Every society which obtains any portion of its working capital by deposits

Maintenance of 36 Maintenance of liquid resources and distribution of assets:

shall,

liquid resources (1) maintain such liquid resources and in such form as may be specified from Every society which obtains any portion of its working capital by deposits

time to time by the Registrar, and

shall,

and distribution Maintenance of of assets liquid resources (1) maintain such liquid resources and in such form as may be specified from

and distribution time to time by the Registrar, and

of assets 21 | 99 P a g e21 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 22 (2) utilise only such portion of its working capital in lending business and

distribute its assets in accordance with such standards as may be

specified from time to time by the Registrar.

Raising of funds 37 Raising of funds by societies:- (1) Every society, which has a share capital, shall provide in the bye-laws the maximum amount of such share capital,

by societies the number of shares into which it is divided, the class of shares, the face

value of each share of each class and the rights and liabilities attaching to

each class of shares and where the full amount of the share is not payable

on allotment, the amount and the number of instalments in which it is

required to be paid and such other incidental matters.

(2) Any society, which is authorised under its bye-laws to raise funds by the

issue of debentures and bonds, may, with the prior sanction of the

Registrar, frame rules regarding the maximum amount to be raised by the

issue of debentures and bonds, the class or classes of debentures and

bonds, the face value of each debenture or bond, the date on which the

debentures or bonds are to be redeemed, the rate at which interest is

payable, the terms and conditions regarding transfer of debentures and

bonds and other incidental matters.

(3) The total amount of debentures and bonds issued at any time together

with the other liabilities incurred by the society shall not exceed the

maximum amount which the society can borrow under the provisions of

Rule 35 and its bye-laws.

(1) Every person who is member of more than one society (other than a

Restrictions on State/Central Bank/Urban Bank or a Marketing society) dispensing credit

borrowing from

more than one shall unless he has already done so, make a declaration in Form I that he will borrow from, or accept the responsibility of a surety in one society credit Society only to be mentioned in the declaration and shall send a copy of such

declaration duly attested to all other societies through such society.

(2) Any person, who continues to be member of more than one society

without complying with the provision of sub-rule (1) shall be liable to be

removed from the membership of any or all such societies upon receiving

a written requisition from the Registrar to that effect:

Provided that the societies in whose favour declaration as per sub-rule (1)

has been made by a member, may with the prior approval of the Central

Financing Agency to which it is affiliated permit him to borrow from any other

society of which he is a member to such extent and subject to such conditions

as may be laid down by it.

(3) The Registrar may, for reasons to be recorded in writing, exempt any

person or persons for the operation of this rule, or prohibit any person or

persons from borrowing from more than one society notwithstanding that22 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 23 permission of the society under proviso to sub-rule (2) has been obtained

by him

Restrictions on

transactions 39 Restrictions on transactions with non-members: — On the application of a member of any society or of his own motion, when it appears to the

with non- Registrar that it is necessary in the interest of the working of any society to

members regulate or restrict transactions of such society with any non-member, the

Registrar shall, after giving an opportunity to the society of being heard, issue

such directions as he may consider necessary regulating or restricting such

transactions.

Form of The declaration to be made in clause (a) of sub-section (1) of section 52 shall

declaration be in Form J

under section

52(1)(a) Chapter V

Appropriation of 41 Appropriation of profits for other purpose: - (1) The other purposes for which a society may appropriate its profits shall be education and

profits for other enlightenment of the members of the society as also any co-operative or

purpose charitable purpose including relief to the poor, education, medical relief and

advancement of any other general public utility, provided that the expenditure

on such items does not exceed 10 per cent of the net profits.

(2) The net profits calculated in accordance with the provisions of rule shall

be appropriated for the creation of —

(a) Development Fund.

(b) Dividend Equalisation Fund, or

Honorarium The honorarium to be paid under sub-section (2) of section 56 shall not

exceed 5 per cent of net profits or Rs. 10,000 in a year whichever is less.

Contribution to

Educational

No	Rate of Dividend	Rate of Contribution

Rate of Dividend

Rate of Contribution

1	If the rate of dividend for any year is not exceeding 6 per cent	1 per cent of the net profit of the year or Rs.50000/-, whichever is less
2	If the rate of dividend for any year is more than 6 per cent	2 percent of the net profit of the year or Rs.2,00,000/-, whichever is less

23 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 24

Every society which pays dividend to its members shall contribute towards

the education fund to the Registrar at the following rates, namely:

The cooperative education fund shall be administered by a committee

constituted by the Registrar for cooperative Training & Education activities in

the Lakshadweep Islands.

Investment of (1) A society may invest, or deposit its fund as provided in section 62.

funds (2) A society may, with the previous sanction of the Registrar, invest the

whole or any portion of its fund in the purchase or lease of land or in the

acquisition, construction or renewal of any building that may be necessary

to conduct its business. The amount of the funds so invested shall be

recouped on such terms as may be determined in each case by the

Registrar.

(3) The provisions of this rule shall not apply-

(a) to immovable property purchased -

(i) by a registered society at a sale held in execution of a decree,

decision or award obtained by it, for the recovery of any sum

due to it; or

(ii) by a financing bank at a sale held in execution of a decree,

decision or award obtained by a registered society, financed by

it, for the recovery of any sum due to such society or at a sale

(b) to the purchase or lease of lands or purchase, construction or

renewal of buildings by a registered society whose objects

according to its bye-laws include such purchase, lease,

construction or renewal.

(4) to the investment of the reserve fund of a society and such investment

shall be governed by section 62.

(5) No recoupment of the amount invested under this rule shall be necessary

where the investment is made by a registered society other than a credit

society in which the share capital raised from the members is intended to

build up the special kind of business for which it has been registered.

24 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 25

Reservation of 45 Reservation of seats in managing committee:-(1) There shall be reserved two seats for women and in the Managing Committee of every society

seats in consisting of individuals as members and one seat shall be reserved for the

managing persons who are small farmers and marginal farmers.

committee (2) There shall be reserved one seat for Schedule Tribe in the Managing

Committee of every society consisting of individual members, if such class of

persons are members in the society.

Election of 46 Election of delegates for general body: - (1) Where the bye-laws of a society provide for the election of delegates of such members, the final

delegates for authority may vest in the delegates of such members.

general body (a) Affiliated Societies in A class

(b) Affiliated Societies in B Class – other types of Cooperative Societies

Section 25 of the Regulation

(d) Other members – other types of institutions as per sub rule 1 Rule 21

(e) Government Nominees

(2) The delegates so elected will continue in office till their successors are

elected or the tenure is completed.

(3) Each afflicted Society and other member under clause (d) of sub rule (1)

rule (21) shall elect a delegate from among its members to be as

representative to the Federal Society for the period specified in the byelaw

of the Society or till his successor is elected whichever is earlier. An

affiliated society can withdraw its delegate at any time and send another

instead. A delegate ceasing to be a member of the affiliated Society which

he represents shall cease to represent it.

(4) Notwithstanding anything contained in the Regulation and Rules, Federal

Society can incorporate necessary procedures for conduct of election in

the General Body meeting.

Election of 47 Election of members of committee: - (1) Notwithstanding anything contained in these rules or the bye-laws, election of members of the

members of

committee committee of a co-operative society shall be conducted in the manner given in Schedule-I, conduct of election of committee rules,2023.

(2) The elections of the members of committee and office bearers of the societies mentioned under section 68 of the Regulation shall be held or caused to be held by the Registrar through the machinery created for this purpose in the manner as specified hereunder, namely: —

25 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 26

(a) The Administrator may, by order, appoint an officer from the Union Territory Administration as Cooperative Election Officer in the discharge of his functions and empower them to exercise such powers and perform such duties and functions, as may be assigned to him, from time to time.

(b) The Cooperative Election Officer shall have powers to appoint required officers with their jurisdiction as Assistant Cooperative Election Officer/Returning Officer for the concerned islands, who shall not be below the rank of Group B Gazetted of Union Territory Administration of Lakshadweep

(c) The Assistant Cooperative Election Officer/Returning Officer shall have powers to appoint such additional staff as he deems necessary to assist him and the Assistant Election Officer.

(d) The Cooperative Election Officer shall have powers of general guidance, superintendence and control over the Assistant Cooperative Election Officers/ Returning Officers and the staff appointed under the foregoing clauses of these rules.

(3) The Assistant Cooperative Election Officer/Returning Officer shall conduct the elections of the Society or class of Societies as per the procedure laid down in Schedule I sub rule 1 of Rule 47 and including latest technology for the purpose can be adopted in smooth conduct of the election.

(4) The Registrar may, by general or any special order considering the objects of the society, class of societies, area of operation and norms of business and for proper management and interest of members, classify the societies

Co-operative

Societies

Election Fund (5) Co-operative Societies Election Fund. — (a) In sub section 10 of Section 68, there shall be an election fund called the "Cooperative Societies Election Fund" in which all the amounts received as deposits for the election expenses received from the societies, any amount received from the Administration for this purpose and any other amount received in connection with the election shall be credited by the Cooperative Election Officer, the Assistant Election Officer or any other officer authorised by the Registrar of Cooperative Societies.

(b) The Cooperative Election Officer, the Assistant Cooperative Election Officer or any other person authorised by the Registrar of Cooperative Societies in that behalf shall be entitled to open and operate the bank account or accounts for the purpose of election expenses to be incurred from out of the amount credited in the Cooperative Societies Election Fund. Such account or accounts shall be operated by any two officers concerned.

(c) The accounts related to the Co-operative Societies Election Fund shall be audited by the auditors of the Co-operative Department within six months from the completion of the respective election and the audit report shall be submitted to the Registrar

(d) The Registrar shall appoint the auditors from among the auditors of the Co-operative Department, to audit the accounts of the Co-operative Societies Election Fund.

26 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 27

(e) Any surplus amount remaining after the completion of the election of the society shall be refunded by the Assistant Cooperative Election Officer/ Returning Officer to the concerned society within three months from the submission of the audit report to the Registrar.

(6) Provided that the Registrar may, by general or any special-order issue the guideline and the manner for the conducting of election related expenditure as per the sub section 11 of Section 68

(7) Provided further that, the election of all the members of the committee

shall be held on or before the period specified in the bye-laws for the expiry

of the term of office of the members. If, for any reason, the Society fails to

arrange for such election, the Registrar of Co-operative Societies may

extend such term until such time within which the election should, in his

opinion, be held.

Disqualification 48 Disqualification for membership of committee: — (1) No person shall be eligible for appointment, or election or nomination or co-option or being

for membership continued as member of the committee if he—

of committee (a) is an applicant to be adjudicated a bankrupt or an insolvent of an un-

certificated bankrupt or un-discharged insolvent, or

(b) has been sentenced for any offence other than an offence of a political

character or an offence not involving moral delinquency, such

sentence not having been reversed or the offence pardoned provided

that this disqualification shall not apply where more than five years

have elapsed from the date of the expiration of such sentence, or

(d) is a paid employee of the society, the financing bank or any society for

which it is the financing bank, provided that this clause shall not apply

to paid employees of Societies being members of the committee of a

society, composed exclusively of such employees; or

(e) he has any interest directly or indirectly in any subsisting contract

made with the society or in any property sold or purchased by the

society or any other transaction of the society except in any investment

made in or any loan taken from the society; or

(f) is a near relation of a paid employee of the society, provided that if any

question arises whether a person is or is not a near relation of a paid

employee of the society, the question shall be referred to the Registrar

for decision; or

(g) he has incurred any disqualification as per any provision of the bye-

laws of the society; or27 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 28 (h) is in default to the to any society or any other financial institution in

respect of any loan or loans taken by him.

(i) is expelled from any society under the provisions of Regulation, Rules

and of its byelaws.

(2) A member of the committee of any society shall cease to hold his office

as such, if he:—

(a) applies to be adjudicated, or is adjudicated, a bankrupt or an insolvent;

(b) is sentenced for any such offence as is described in clause (b) of sub-

rule (1); or

(d) becomes a paid employee of the society, the financing bank or any

society for which it is the financing bank provided that this clause shall

not apply to paid employees of societies becoming members of the

committee of a society composed exclusively of such employees; or

(e) becomes a near relative of a paid employee of the society; or

(f) is in default to the to any society or any other financial institution in

respect of any loan or loans taken by him.

Provided further that if any question arises as to whether a member of the

committee of any society has or has not become a near relation of a paid

employee of the society, the question shall be referred the Registrar for

decision.

(3) A member of the Committee who incurs any of the disqualifications as per

the Regulation, these rules or bye-laws shall vacate the office and if he

does not vacate such office, he shall be removed by the Registrar as

such member after giving him an opportunity of being heard.

Explanation: - For the purpose of clause (e) of sub rule (1), the near relatives shall be the following, namely: -

(1) Husband (2) Wife (3) Son (4) Daughter (5) Brother(6) Sister(7) Father(8) Mother (9) Uncle (Maternal) (10) Father in law (11) Mother in law (12) Son in law (13) Daughter in law (14) Step son (15) Step daughter (16) Wife's brother (17) Wife's sister (18) Husband's brother (19) Husband's sister (20) Sisters' son (21) Daughter's son (22) Mother's sister (23) Mothers sister's son/ Daughter (24) Grandfather (25) Grandmother (26) Step Father (27) Step Mother (28) Grandson/ Daughter

Note: - Brother and sister will not include step brother and step sister, half

brother and half sister28 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 29

Powers of the The managing committee of a society shall have among other powers, power

managing

committee (1) to admit new members;

(2) to raise and invest funds;

(3) to appoint the salaried or non-salaried staff for the conduct of the

business of the society and to define their duties;

(4) to dispose of application for shares;

(5) to dispose of applications for loans and to determine the security to be

taken;

(6) to appoint sub-committees, and to define the powers to be delegated to

them.

Duties of the 50 Duties of the managing committee: - It shall be the duty of the managing

managing committee,

committee (1) to receive and disburse money;

(2) to maintain accounts of money received and expended and the accounts

of assets and liabilities;

(3) to prepare for submission for the annual general meeting an annual

report of the working of the society and all such annual statements of

accounts required to be placed before the general meeting under the

Regulation, rules and bye-laws:

(4) to prepare the statements of accounts and other statements required

by the auditor for the purpose of audit;

(5) to prepare and submit all statements, returns and periodicals required

by the Registrar;

(6) to maintain an up-to-date register of members:

(7) to facilitate the inspection of books by those entitled to inspect;

(8) to convene general meetings on requisition;

(9) to convene annual general meeting in due time;

(10) to watch the recovery of loans and examine the application of loan;

(11) to examine and take prompt action in cases of all arrears and defaults

in repayment of loans and advances;

(12) to provide all necessary help, assistance and co-operation to the

Cooperative Election Authority for the smooth conduct of election of

committee and office bearers;

29 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 30

(13) to perform such other duties as may be entrusted in the general

meeting.

(1) Subject to the provisions of sub-rules (1) and (2) of Section 73 no society

Restriction on shall prescribe nor a member of the committee thereof shall be entitled to rates of sitting sitting fees, travelling and dally allowances while touring on public

fees and

travelling and business, at the rates exceeding the maximum rates specified for the

daily category of the society in the Table below:

allowances of

members of the

Sr. No	Category of the society	Maximum rate of siting fees	Maximum rate of daily allowance	Traveling Expenses
1	All Apex or federal societies or any society having area of operation more than an island	Rs.500/-	(i)Rs.500/- for Kavaratti (ii)Rs.300/- in other parts of any island	(i) Actual fare Limited to Economic class Air Fare or First-class ticket charge (sea fare), or First-Class Railway/Bus Fare (ii) Rs.10/- per kilometre, in case a member travelled by private, owned or hired vehicle
2	Other societies	Rs.200/-	(i)Rs.250/- for Kavaratti (ii)Rs.200/- in other parts of any island	(i) Actual fare Limited to Economic class Air Fare or Second-class ticket charge (sea fare), or Second-Class Railway/Bus Fare (ii) Rs.10/- per kilometre, in case a member travelled by private, owned or hired vehicle

(2)(a) A member of the committee shall be entitled to 50% increase in the rate of

daily allowance prescribed by the societies, for touring outside the Union

Territory:

Provided that where suitable accommodation is not available and the

member is compelled to pay the cost of accommodation higher than the rate

of dally allowance, the member shall be entitled to actual cost of

accommodation subject to a maximum of double amount of the prescribed

amount.

(b) in the case of travelling abroad in the public interest, a member shall be

entitled to draw travelling and Daily allowance as decided by the Board of

Directors and after obtaining prior approval thereto from the Administration

before the member proceeds for such travel.

(3) A member of Committee of a society in relation to touring on public business

shall be subject to the following conditions and limitations:

30 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 31

(a) The Journeys in connection with the performance of functions of the

Committee shall have to be approved by the Resolution of the Committee.

No member shall be entitled to claim travelling or daily allowance from

more than one society when he attends any functions or attends meeting

of the committees of more than one society on the same day.

(b) For the purpose of daily allowance, if absence from the place of ordinary

residence of the member exceeds 12 hours, full daily allowance shall be

admissible and if such absence is for less than 12 hours at half the rate of

full daily allowance shall be admissible.

8 K.M.s from the place of headquarters or ordinary residence of the

member.

(d) in case of journeys by rail, the fare of actual class of accommodation

availed of shall only be admissible.

(e) in case the journey is performed by vehicle borrowed from any Co-

operative Society or any other institution no travelling expenses shall be

admissible and only dally allowance shall be admissible.

(f) The daily allowance shall be admissible only for the days on which the

member attends the meeting or attends any other functions of the

Committee and for the time required for, to and from journey from Head

Quarters of the Society or the place of ordinary residence of member.

[

(g) The travelling allowance bill of the members shall be preferred in such form

as the Registrar may by General or Special order specify Such bill shall be

countersigned by the Chief Executive officer or any equivalent officer and

Chairman of the Society.

(h) The Registrar shall review and issue necessary directions, instructions and

orders on the rate of sitting fee, traveling and daily allowance from time to

time etc. applicable to the elected directors from time to time considering

various factors applicable.

52 Officer or employee of Society not to have interest in transaction, etc.:-

Officer or

employee of (1) No officer or employee of a society shall have any interest directly or

Society not to indirectly otherwise than as such officer or employee

have interest in

transaction, etc (a) in any contract made with the society, or

(b) in any property sold or purchased by the society, or

taken from the society or the provision of residential accommodation

by the society to any paid employee of the society.

(2) No officer or employee of a society shall purchase, directly or indirectly

any property of a member of the society sold for the recovery of his dues

to the society.

31 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 32

(3) No person who carries on business of the kind carried on by the society shall be eligible to be appointed as a employee or officer of the society without the sanction of the Registrar.

(4) Where any person is appointed as an employee or officer of the society in contravention of this sub-rule (3) shall be removed from the office as an employee or officer of the society by the Registrar.

Provided that the Registrar, shall, before making such order of removal, give the person concerned an opportunity of being heard.

(5) Any officer or employee of the society who appears as a legal practitioner- (a) against such society or against any other society which is a member of the former society, or

(b) Otherwise, then in an honorary capacity on behalf of such society or on behalf of any other society which is a member of the former society, shall be deemed to have vacated his office as such.

Provided, the Registrar may, in the special circumstances exempt an officer of a society from the application of the above rule by a general or special order in writing.

Security to be

furnished by 53 Security to be furnished by paid employees of societies: - (1) No society shall appoint any person as its paid officer or servant in any category of

paid employees service without obtaining from him security in such form and according to

of societies such standard as the Registrar may fix for such category of service in the society or for the class of societies to which it belongs.

(2) No Society shall retain in service any paid officer or servant if he does not furnish within such time as the Registrar may direct security in such form and according to such standard as the Registrar may fix for the category of service in which he serves in the society or for the class of societies to which it belongs.

(3) The Registrar may, by general or any special order, exempt any society or class of societies or any category of service in any society or class of societies from the provision of this rule or relax in respect of any paid officer or servant the provisions of this rule in regard to the form or the standard of security which he should furnish.

Motion of no-

confidence 54 Motion of no-confidence against the officers of the society: - (1) The requisition to call the special meeting of the committee of a society to

against the consider a motion of no-confidence against the President, Vice-President,

officers of the Chairman, Vice Chairman, Secretary, Treasurer or other officer of the

society society, by whatever designation called, who holds office by virtue of his elections to that office, shall be made in Form K.

The requisition shall be accompanied by; -32 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 33 (a) the grounds of no-confidence;

(b) the text of the motion of no-confidence to be moved;

(d) a list of members of the committee specifying their full names, and address who are, for the time being, entitled to sit and vote at any meeting of the committee;

(e) signatures of the members of the committee who are signing the requisition duly attested by the Chief Executive Officer or any equivalent officer of the society or Special Executive Magistrate or Executive Magistrate or any Gazetted Officer of the Union Territory.

(2) The requisition referred to in sub-rule (1) shall be delivered in person to the Registrar. Such requisition or requisitions shall be delivered in duplicate in each case. The Registrar on ascertaining that the requisition or requisitions as the case may be, have been signed by not less than 1/3rd members of the committee who for the time being are entitled to attend and vote in any meeting of the committee of society; -

(a) receive and acknowledge the requisition under his signature with date and time.

(b) issue notice convening, the special meeting for that purpose specifying therein place, date, time, name and designation of the officer who shall be presiding over such meeting, to all the members of the committee, the Presiding Officer and Manager or such employee of the society, to whom the Registrar has directed to produce minute book of committee meetings of the society. This notice of no-confidence shall also be issued, to the Officer or officers against whom the motion of no confidence is being moved, and shall be accompanied by the copy of the requisition along with enclosures and agenda.

(c) The Registrar shall direct the Manager or any other employee to deliver in person the minute book of the committee meetings on the date, time and place of the meeting, to the Presiding Officer.

(d) The Registrar shall send the notice to all the persons concerned.

However, he shall serve or cause to be served the notice on the officer or officers against whom the motion of no-confidence is proposed to be moved through the special messenger or the officer or officers, as the case may be, or in his or their absence on any adult member of his or their families at the place of residence. If for some reason it is not possible to serve the notice, the authorised person in this behalf, shall in presence of two witnesses, affix such notice on any conspicuous place of the residence.

33 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 34

(e) copies of this notice shall be displayed on the Notice Board of the

Registrar, the Presiding Officer and the society. Such display of the

notice on the notice board of the Registrar and the Presiding Officer

shall be the conclusive proof that such notice has been served on all

concerned.

(3) Notwithstanding anything contained in the bye-laws of the society

regarding the procedure for convening and holding meeting and

recording of minutes, the procedure adopted by the Registrar, the

Presiding Officer and the Authorised Officer under sub-rule (2), shall be

deemed to be the proper procedure under the provisions of bye-laws of

the society. If the Registrar deems it necessary, he shall require any

officer of the society to furnish any information to him and it shall be

obligatory on the part of such officer to furnish such information. On

failure of the officer to furnish the information, the Registrar may get it

through any person authorising in that behalf. This failure on part of the

officer of the society shall be construed as non-compliance of provisions

as contemplated under sub-section (1) of Section 81. However, in case

of the officer of the society who holds that office by virtue of his election,

including the member of the committee of management, it shall be

construed as breach of provisions under sub-section (1) of Section 79

and negligence of performance of duties imposed by the Registrar as

contemplated under subsection (1) of Section 80.

(4) The time of the meeting shall be between office hours of the authorised

officer. The meeting shall be held either in the office of the society or at

any other place which may, as far as possible, be public place or any

other place specified by the Registrar.

(5) No other subject, except the motion or motions of no-confidence shall be

kept on the agenda.

(6) The Registrar or the officer authorised to preside over the meeting shall,

(a) announce or cause to be announced the commencement of the

meeting,

(b) take possession of the minute book of the committee meetings from the

officer of the society. However, for some reasons, if it is not possible

for him to take possession of the minute book of the committee

meetings of the society, at the commencement of the meeting, he shall

record proceedings in the register kept for that purpose in his office.

The text of the minutes of the meeting recorded in the minute book

kept in the office of the Registrar shall be incorporated in the minute

book of the society.

present at the commencement of the meeting, in the minute book of

the society or kept by him, as the case may be, in his own hand and

cause all the members of the committee who are present, to sign it and34 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 35 it shall be obligatory on their part to do so. The signature of the

members on the minute book shall be the concrete proof of their

attendance.

(d) not allow any other person to enter the place of meeting except the

person or persons appointed to assist him, the officer of the society

who has produced the minute book, the officer or officers against

whom the motion of no-confidence is moved, the members of the

committee who are for the time being entitled to sit and vote in any

meeting of the committee, who are present at the commencement of

the meeting and police officer or officers if called by him to maintain

the law and order.

(e) record or cause to be recorded, the proceedings of the meeting and

thereafter allow those members who desire to sign the proceedings.

Signature of the members on the minute book shall be the conclusive

proof of their attendance.

(f) not allow the discussions on any other subject than the subject on

agenda.

(g) declare the motion or motions as rejected and take a note to that effect

with reasons, in the minute book under the following circumstances;

(i) if no member of the committee present;

(ii) none of the members of the committee, who are present refuse to

sign the requisition;

(iii) 2/3rd members are not present at the commencement of the

meeting, 2/3rd fraction, if any shall be rounded to next higher

number.

(h) (i) read or cause to be read the text and grounds of no-confidence

motion and allow any of the member, who have signed the

requisition to move the motion and to speak in support of the

motion.

(ii) allow the member against whom no-confidence motion is moved or

any other member on his behalf to defend.

(iii) put the motion to vote and declare the results as laid down in sub-

section (1) of Section 67.

(i) the Presiding Officer shall not speak or give any decision on the merit

or otherwise of no-confidence motion.

(j) issue certificate in Form L in favour of the society.

First general 55 First general meeting: - (1) Within three months from the date of registration of a society, the Chief Promoter thereof, shall convene the first general

meeting meeting of all persons who had joined in the application for registration of

the society. Where the Chief Promoter fails to convene the meeting as

35 | 99 P a g eTHE LAKSHADWEEP GAZETTE EXTRAORDINARY 36 aforesaid, it shall be convened by any person authorised in that behalf by

the Registrar.

(2) At the first general meeting, the following business shall be transacted; —

(a) Election of a president for the meeting;

(b) Admission of new members;

into by the promoter up to 14 days before the meeting;

(d) Constitution of a provisional committee until regular elections are held

under the bye-laws. The provisional committee shall have the same

powers and functions as the committee elected in accordance with the

bye-laws;

(e) Fixing the limit up to which the funds may be borrowed;

(f) Any other matter which has been specifically mentioned in the bye-laws.

General

meetings 56 General meetings: - (1) All general meetings of a society except the first general meeting shall be convened by the Secretary or any other officer

authorised by committee to convene such meetings under intimation to the

Registrar, who may attend such meetings or authorise some person to attend

such meetings on his behalf. The President/Chairman of the Society or in his

absence the Vice-President/Vice-chairman or, in the absence of both, a

member elected by the members present at the meeting shall preside over

the meeting unless the bye-laws specify that the President of the meeting

elected by the meeting.

(2) No general meeting shall be held or proceeded with unless the number of

members required to form a quorum as specified in the bye-laws are

present.

(3) The Secretary/Manager or any other officer convening the meeting shall

read out the notice convening the meeting and the agenda for the meeting

and then the subjects shall be taken up for consideration in the order in

which they are mentioned, in the agenda unless the members present,

with the permission of the President, agree to change the order. Unless

otherwise specified in the Regulation, these rules and the bye-laws, the

resolutions will be passed by a majority of the members present. The

President will have a casting vote.

(4) When the members are divided on any resolution, any member may

demand a poll. When a poll is demanded, the President shall put the

resolution for vote.

(5) Voting may be by show of hands or by ballot as may be decided by the

members present at the meeting, unless otherwise specified in the bye-

laws.

36 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 37

(6) When voting is to be by ballot, the President shall take necessary steps

for the issue of ballot papers and counting of votes.

(7) The result of voting shall be announced by the President.

(8) If all the business in the agenda cannot be transacted on the date on

which the general meeting is held, the meeting may be postponed to any

other suitable date not later than thirty days from the date of the meeting

as may be decided by the members present at the meeting.

(9) The remaining subject or subjects on the agenda shall be taken up for

consideration at the postponed meeting.

(10) If the general meeting cannot be held for want of quorum, if shall be

adjourned to half an hour on the same day as may have been specified

in the notice calling the meeting and at such adjourned meeting the

business on the agenda of the original meeting shall be transacted

whether there is a quorum or not.

(11) No resolution regarding expulsion of a member of the society, removal

of a member of the committee or amendment of bye-laws shall be brought

forward in any general meeting, unless due notice thereof is given in

accordance with the provisions of the Regulation, these rules and the

bye-laws of the society.

(12) If the annual general meeting of a society is not called in accordance

with the provisions of section 75 or if the Chairman or a majority of the

committee of a society fail to call a special general meeting in accordance

with the provisions of section 76, the Registrar may authorize any person

subordinate to him to call the annual general meeting or the special

general meeting, as the case may be, and such officer or person shall

have all the powers and function of the officer of the society authorised to

convene such annual or special general meeting, under its bye-laws.

57 Annual statements of accounts including balance sheet, etc.: - Within forty-five days of the close of every co-operative year, or within such extended

Annual period as may be specified by the Registrar, in the case of any society or

statements of class of societies, the committee of every society shall prepare annual

accounts statements of accounts showing; —

including

balance sheet, (1) receipts and disbursements during the previous co-operative year;

etc (2) the profit and loss account for the year; and

(3) the balance sheet as at the close of the year.

These statements of accounts shall be open to inspection by any

member during office hours at the office of the society and a copy thereof

shall be submitted, within fifteen days from the date of preparation, to the

Registrar and to the auditor appointed by the Registrar if any, for the audit of

that society.

37 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 38

58 Form for the balance sheet and the profit and loss account: -(1) The balance sheet and the profit and loss account to be laid before the annual

Form for the general meeting of a society by the committee shall be in the form

balance sheet prescribed by Registrar.

and the profit

and loss Provided that it shall be competent for the Registrar to permit a society or

account class of societies to adopt such other form as he may deem fit.

(2) A copy of the balance sheet and profit and loss account to be presented

at the annual general meeting under sub-section (2) of Section 75 and a

copy of the report of the committee under sub-section (3) of Section 75

shall be affixed on the notice board of the society at least fourteen days

before the date fixed for the annual general meeting.

Appointment of Notwithstanding anything contained in the bye-laws of the societies the

a committee or Registrar shall. appoint a committee or a special officer from amongst the

a Special following:

Officer (1) A Federal Society having interest.

(2) A Federal Society, which in the opinion of the Registrar is competent to

administer the affairs of the society sought to be brought under

administration.

(3) Officer of the Co-operative Department of the Union Territory.

(4) Auditors who are on the panel of certified auditors and retired officers of

the Co-operation. Revenue and Judicial Department, where names stand

included on the panel approved and prepared by the Registrar from time

to time for the purpose.

(5) one or more members of the society, not being the members of the

Committee superseded under this section 80.

(6) The Registrar may fix the remuneration payable to members of the

Committee or special officer on the basis of financial condition of the

society and with reference to the nature and quantum of functions

performed by members of the Committee or special officer and any

expenses of management which shall be payable out of the funds of the

society within such time and at such intervals as the Registrar may fix,

and if such remuneration or expenses are not paid within such time or at

intervals the Registrar may direct the person having custody of the funds

of the society to pay to the administrators such remuneration and

expenses in priority to any other payments (except land revenue, any

arrears of land revenue, or any sum recoverable from the society as

arrears of land revenue) and he shall, so far as the funds to the credit of

the society allow, comply with the orders of the Registrar.

38 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 39

60 Accounts and other books to be maintained by societies— (1) Every

Society shall keep the following accounts and other books: -

(a) A register of members (including persons nominated) under section 43.

Accounts and

other books to (b) A register of shares (where capital is raised by shares).

be maintained

by societies—

(d) A register of declaration made under section 51.

(e) A share transfer register (where capital is raised by shares).

(f) A debenture transfer register (where capital is raised by debentures).

(g) Cash Account/Cash Book.

(h) General Ledger.

(i) Dead Stock Register.

(j) Stock Register.

(k) Members Loan Register.

(l) Deposit Account.

(m) Interest Account.

(n) Expense Account.

(o) Bank Account.

(p) Receipt book.

(q) Register of members credit worthiness and indebtedness.

(r) Ledger of borrowings.

(s) Voucher file.

(t) Register of immovable property.

(u) Suspense accounts Register.

(v) Reserve fund register

(w) Minutes Book, recording the proceedings of general meetings and

committees.

(x) Such other accounts and Books as may from time to time be specified by

the Registrar.

(2) In addition, the following books shall be maintained by a distributive and

productive society, with or without credit branches: -39 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 40 (a) Register of bonus on purchases made by members.

(b) Goods ledger containing a classification of goods stocked and sold.

(d) Sales Chit.

(e) Daily sales book.

(f) Register of purchases made by members.

61 Power of Registrar to direct accounts and books to be written up: —The Registrar may by order in writing direct any society to get any or all the

Power of accounts and books required to be kept by it under rule 6 written up to such

Registrar to date, in such form and within such time as he may direct. In case of failure direct accounts by any society to do so, the Registrar may depute an officer subordinate to and books to be

written up him to write up the accounts and books. In such cases, it shall be competent

for the Registrar to determine, with reference to the time involved in the work

and the emoluments of the officer deputed to do it, the charges which the

society

62 Procedure for appointment of auditors and for conducting audit: - (1) The audit of accounts of societies shall be conducted by Departmental

Procedure for Auditors or by certified auditors appointed by the Registrar from time to

appointment of time on such terms and conditions as he deems fit:

auditors and for

conducting audit Provided that any society or class of societies notified by the Registrar

may get their accounts audited by an auditor selected from the panel of

certified auditors maintained by the Registrar and published by him in the

Official Gazette.,

Explanation 1: — For the purposes of this Chapter, audit shall include

annual or periodical audit, continuous or concurrent audit, test audit,

reaudit and special audit.

Explanation 2: — For purposes of this rule, "a certified auditor" includes

—

(a) a Chartered Accountant within the meaning of the Chartered

Accountants Act, 1949;

(b) a person who holds a Government Diploma in co-operative accounts

or a Government Diploma in co-operation and accountancy; or

of the Administration, and whose name has been included by the40 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 41 Registrar in the panel of certified auditors maintained and published by

him in the Official Gazette at least once every three years.

(2) The audit under Section 84 shall in all cases extend back to the last date

of the previous audit and shall be carried out upto the last date of the

co-operative year immediately preceding the audit or where the

Registrar so directs in the case of any particular society or class of

societies, such other date as may be specified by the Registrar.

(3) The auditor shall submit an audit memorandum to the society and to the

Registrar in the form specified by the Registrar, on the accounts

examined by him and on the balance sheet and profit and loss account

as on the date and for the period up to which the accounts have been

audited, and shall state whether in his opinion and to the best of his

information and according to the explanation given to him, the said

accounts give all the information required by the Regulation in the

manner so required and give true and fair view;—

(a) in the case of the balance sheet, of the state of society's affairs as

at the end of the financial year or any other subsequent date up to

which the accounts are made up and examined by him, and

(b) in the case of the profit and loss account, of the profit or loss for the

financial year or the period covered by the audit, as the case may

be.

(4) The audit memorandum shall state; -

(a) whether the auditor had obtained all the information and

explanations which to the best of his knowledge and belief were

necessary for the purpose of his audit;

(b) Every Society shall maintain books and records as required by the

Regulation, Rules and the byelaws of the society.

him are in agreement with the books of accounts and returns of the

society.

(5) Where any of the matters referred to in sub-rule (4) are answered in

the negative or with a qualification, the audit memorandum shall

specify the reasons for the answer.

(6) The audit memorandum shall also contain schedules with full

particulars of; —

(a) all transactions which appear to be contrary to the provisions of

the Regulation, these rules or the bye-laws of the society;

(b) all sums which ought to have been but have not been brought into

account by the society;

41 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 42

realisation of moneys due to the society;

(d) any money or property belonging to the society which appear to

the auditor to be bad or doubtful debt; and

(e) any other matters specified by the Registrar in this behalf.

(7) The summary of audit memorandum as prepared by auditor shall be

read out in a general meeting. The audit memorandum together with its

accompaniments shall be open to inspection by any member of the

society. The Registrar may however direct that any portion of the audit

memorandum which appears to him to be of objectionable nature or not

justified by facts shall be expunged and the portion so expunged shall

not form part of the audit memorandum.

(8) The Registrar may from time to time specify the form or forms in which

the statements of accounts and information shall be prepared for audit

by the society.

(9) The Registrar shall have powers to issue directions and orders to the

societies to prepare and submit any other statements, schedules and

call for any details which are necessary for the conduct and completion

of audit

(10) On completion of his statutory audit, the auditor shall award an audit

classification letter to the society whose accounts he has audited in

accordance with the instructions issued by the Registrar from time to

time keeping in view the efficiency of management, financial position

and such other factors.

Scale of audit (1) Every Co-operative Society shall pay to Administration within three

fees months of receipt of the annual audit certificate an audit fee calculated

on the working capital as on the last day of the co-operative year to

which the audit relates or on the total sales during the year or on the

gross income during the year, as the case may be, as shown below.

(a) Credit Societies and Banks on the working capital.

(b) Housing Societies: - on the aggregate of loans issued and that

recovered during the year under audit.

or on sale proceeds of goods whichever is higher.

(d) Societies dealing in goods (except Coir Societies):- On sale

proceeds.

42 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 43

(e) Coir Co-operative Societies: - On proceeds of Coir sold as owner as

well as on the commission realised on goods sold as agents.

(f) Transport Societies: - On hire charges collected and sale proceeds

of articles.

(g) Other Societies: - On gross income.

Audit fees will be calculated at the rate of 30 Paise for every one

hundred Rupees or part thereof on the working capital, the value of

sales or gross income, as the case may be up to Rs. 5 lakhs and

thereafter at the rate of 20 Paise for every next one hundred rupees or

part thereof. The maximum audit fees payable by a Society except bank

should not exceed Rs. 3000/-. The audit fees for bank should not

exceed Rs.2,00,000/- and for marketing or other federation Rs.1,00,

000/-.Audit fees for audit of societies under liquidation shall be Rs.500/-

(2) All charges leviable under this rule shall be recoverable in the manner

specified in Section 130 of the Regulation.

(3) The Administrator may, at his discretion, remit the whole or any part of

the charge payable under sub-rule (1) by a particular society or by a

particular class of societies for any year or other specified period.

(4) Any society or group of societies which has its accounts audited at its

own expense by an officer of the Co-operative Department, to audit the

accounts of such Society shall be exempted from the payment of audit

fees.

Requisition of the 64 Requisition of the federal society for inquiry: - Any federal society duly authorised by a resolution of its committee, may submit a requisition to the

federal society Registrar to hold an inquiry under Section 86 in respect of any society

for inquiry affiliated to it, duly setting out the grounds on which the inquiry is sought. A

copy of such requisition shall be supplied to the society in respect of which

the requisition is made.

Procedure for 65 Procedure for assessing damages against delinquent promoters, etc. under Section 93:- (1) On receipt of a report referred to in Section 93 or otherwise, the Registrar or any other person authorised by him may

assessing make such further inquiries as he may deem necessary regarding the damages against extent to which the person who has taken any part in the organisation

delinquent

promoters, etc. or management of a society or any deceased, past or present officer of

under Section 93 the society has misapplied or retained, or become liable or accountable

for, any money or property of the society, or has committed

misfeasance or breach of trust in relation to the society.

(2) On the completion of the further inquiries under sub-rule (1), where

necessary, the Registrar or the person authorised by him shall issue a

notice to the person or persons concerned furnishing him or them with

particulars of the acts of misapplication, retention, misfeasance or43 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 44 breach of trust and the extent of his or their liability involved therein and

calling upon him or them to put in statement in his or their defense within

fifteen days of the date of issue of the notice.

(3) On receipt of the statements referred to in sub-rule (2), the Registrar or

the person authorised by him, if he is satisfied that there are reasonable

grounds for holding the person or persons liable, shall frame charges.

(4) The person or persons concerned shall, after the charges are framed

be asked to put in his statement in defense and to indicate the

documentary or oral evidence which he would like to produce. The

Registrar or the person authorised by him may permit production of

other documentary or oral evidence, if considered necessary

subsequently.

(5) The Registrar or the person authorised by him shall thereafter record

the evidence led by the society or the person or persons concerned and

take on record the documents proved by them and shall thereafter fix a

date for hearing arguments of both the parties.

(6) On the day fixed for hearing under sub-rule (5), the Registrar or the

person authorised by him, shall hear the arguments and may pass his

final orders on the same day or any date fixed by him within sixty days

from the date on which the hearing was completed. On the date so

fixed, the Registrar or, as the case may be, the person authorised by

him shall make his final order either ordering repayment of the money

or return of the property to the society together with interest at such rate

as may be specified by him or to contribute such amount to the assets

of the society by way of compensation in regard to misapplication,

retention, misfeasance or breach of trust as may be determined or may

reject the claim submitted on behalf of the society.

(7) The Registrar of the person authorised by him, may also provide in his

order for the payment of the cost of the proceeding under this rule or

any part of such cost as he thinks just.

(8) The Registrar or the person authorised by him shall furnish a copy of his

order, under sub-rule (6) to the party concerned within ten days of the

date on which he makes his final order.

(1) For the supervision of Federal Cooperative Societies registered under

Constitution of the Regulation, the Administrator may constitute a committee consisting Committee under of three persons as follows, namely:

section 95 for

supervision of (a) One person nominated from amongst the officers of the Federal Societies Administration who is holding or has held the office of the Director in the Union

territory level officers to Union Territory of Lakshadweep Administration.

44 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 45

(b) One person nominated from amongst the officers of the

Administration of Lakshadweep who is holding or has held the office

of Director as a senior executive in any of the Federal Societies in

this Union Territory who in the opinion of the Administrator has

adequate knowledge and experience relating to agricultural

production, processing, marketing, consumer activity or public

distribution system.

Registrar in the Cooperation Department for a period not less than

two years or has been an officer not below the rank of the Assistant

Registrar of the Cooperative Societies for a period not less than five

years.

(2) (a) The person nominated under clause (a) of sub-rule (1) shall be the

Chairman of the Committee,

(b) The persons nominated under sub-rule (1) shall hold office for such

period not exceeding three years as the Administrator may by order

specify:

Provided that the persons so nominated shall on the expiry of the period

be eligible for renomination.

(3) The Committee may make rules for,

(a) its internal working: and

(b) any other matter necessary for carrying out its function.

(4) The committee shall carry out its function subject to the supervision and

control of the Cooperation Department and shall comply such direction

as may be given to it from time to time by the Administrator.

Where the Registrar appoints a board of nominees under section 98, he

Board of

nominees shall appoint one of the nominees to be chairman of the board. The

chairman so appointed shall fix the date, time and place of hearing the

dispute referred to the board and carry out the necessary correspondence

in connection with the disposal of the dispute.

Qualifications of 68 Qualifications of a nominee of the Board of Nominees: - No person shall be eligible for appointment as a nominee of a Board of Nominees, unless

a nominee of the he, -

Board of (1) is holding or has held a judicial office not lower in rank than that of

Nominees Junior Civil Judge; or

(2) has practiced as an Advocate or Pleader for not less than ten years;

(3) holds a degree in law from a university established by Law in India;

and45 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 46 (4) has worked for not less than five years as a Assistant Registrar of

Co-operative Societies, or its equivalent post, or

(5) has worked as a Deputy Registrar of Co-operative Societies,

(6) no person shall hold or continue to hold the office of the Nominee

Board of a Board of Nominees after he attains the age of sixty-five

years.

69 Reference of Dispute: - (1) The reference to the Registrar of any dispute

Reference of under section 96 of the Regulation shall be in writing in Form M

Dispute (2) In computing the period of limitation in the case of any dispute, all or any

months of June, July, August and September shall be excluded.

(3) Wherever necessary, the Registrar may require the party referring the

dispute to him to produce a certified copy of the relevant records on

which the dispute is based and such other statements or records as

may be required by him, before proceeding with the consideration of

such reference.

Procedure of (1) The adjudicating authority shall record a brief note in English or in

hearing and regional, language of the evidence of the parties and witnesses who

decision attend and upon the evidence so recorded and upon consideration of

any documentary evidence produced by either side. a decision shall be

given in accordance with justice, enquiry and good conscience and it

shall be reduced to writing. Such a decision shall be given in open court

either at once or on some future date of which due notice shall be given

to the parties.

(2) if any of the parties duly summoned or informed to attend, fails to

appear, the dispute may be decided in accordance with the relevant

provisions of Order 9 of the Code of Civil Procedure, 1908.

(3) Where the adjudicating authority is a board of nominees consisting of

the board of nominees of two nominees and if their opinions differ

regarding the decision, adjudicating authority shall return the case to

the Registrar with its notes of dissent and thereupon the dispute may

be decided by the Registrar himself or the case may be forwarded to a

fresh board of three nominees for decision.

(4) The decision shall be communicated to the parties by

(a) pronouncement of the award; or

(b) registered post to any party which may be absent on the date if due

notice of the decision is not given to such party,

notice of the date of decision is given to such party.

46 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 47

(5) After the decision of the case, if the adjudicating authority is a nominee

or the board of nominees it shall return all the case papers to the

Registrar.

Summary

procedure for 71 Summary procedure for deciding disputes: - (1) Subject to the provisions of sub-section (7) of Section 99, the following disputes, if the

deciding disputes disputant so desires, shall be decided in the summary manner prescribed

under this rule, namely: —

(a) any dispute for recovery of debt upon promissory note, hundi, bill of

exchange or bond, with interest where agreed upon under such

instrument or under the by-laws;

(b) any dispute for recovery of a fixed sum of money, in the nature of a debt,

with or without interest, arising on a written contract, but other than

penalty or on guarantee;

rate, quality and quantity are admitted in writing;

(d) any dispute for recovery of dues payable in respect of a tenement by a

member of a housing society towards contribution for construction of

the tenements in respect of repayment of any loan, interest on loan,

ground rent, local authority taxes, sinking fund, water charges, electric

charges, repairs, maintenance and upkeep charges or charges for other

services rendered by the society and the interest on such arrears

payable under a written agreement or the by-laws or the tenancy

regulations.

(2) In such cases, the disputants shall, in addition to the normal averments,

make the following averments, namely; —

(a) that the claim of the disputant is for recovery of liquidated sum of money

only and no other relief beyond the scope of this rule is claimed in this

dispute;

(b) that the disputant believes that there is no valid or bona fide defense to

his claim.

(3) In such cases, the opponent shall not be entitled to defend the claim,

and the disputant shall be entitled to the award in his favour as prayed

and for such sum for costs as may be awarded by the Registrar or the

Court.

(4) (a) Within ten days from the service of a notice calling upon the opponent

to obtain leave from the Registrar or the Court, to appear and defend

the claim, the opponent or such of the opponents as are interested in

defending the claim shall apply to the Registrar or the Court, as the case

may be, by an affidavit or a declaration for the leave, setting out the

facts on which he relies and what triable issues are likely to arise. The

opponent shall in such application disclose all the documents47 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 48 supporting his contention and as far as possible attach copies of such

documents which he considers important from his point of view. A copy

of such application shall be served on the disputant and he shall have

a right to file a rejoinder in the form of an affidavit or declaration and

place before the deciding authority such material as in his opinion

supports his contentions.

(b) The Registrar or the Court, on reading the affidavits and declarations

and on hearing the parties and their pleading and considering the

documents relied on and produced by them, may pass an award or

grant leave to defend to such of the opponents, unconditionally or upon

such conditions, as the deciding authority may think fit under the

circumstances and on facts of the case. The Registrar or the Court

granting leave to defend shall also give directions and prescribe time

limit for filing the written statement and fix the date for hearing. Leave

may be granted to some and may be refused to other opponents. If

leave is granted and not complied with by any opponent, the deciding

authority may pass an award against him, as if he had not been granted

leave.

with by any opponent, the Registrar or the Court may pass an award

against him, as if he had not been granted leave.

(d) The Registrar or the Court may. for sufficient case, excuse the delay in

applying for leave to defend any case.

(e) The Registrar or the Court may, under special circumstances, set aside

the award, and if necessary, stay or set aside execution, and may give

leave to the opponent to appear and defend the dispute, if it seems

reasonable to the deciding authority so to do, and on such terms as it

thinks fit.

72 Summonses, notices and Mode of service of summons/notices: - (1) Every summons/notice issued under the Regulation shall be

Summonses, authenticated by the seal, if any, of the officer by whom it is issued and

notices and shall be signed by such officer or by any person authorised by him in Mode of service writing in that behalf.

summons/notices It shall require the person summoned to appear before the said

officer at a stated time and place, and shall specify whether his

attendance is required for the purpose of giving evidence, or to produce

a document or for both purposed; and any particular document, the

production of which is required, shall be described in the summons with

reasonable accuracy.

(2) Any person may be summoned to produce a document without being

summoned to give evidence, and any person summoned merely to

produce documents shall be deemed to have complied with the48 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 49 summons if he causes such document to be produced, instead of

attending personally produce the same.

(3) The service of summons under the Regulation on any person may be

affected in any of the following ways: -

(a) by giving or tendering it to such person; or

(b) if such person is not found, by leaving it at his last known place

of abode or business or by giving or tendering it to some adult

member of his family; or

authorised person, by sending it to him by registered post; or

(d) if none of the means aforesaid is available, by affixing it in some

conspicuous part of his last known place of abode or business.

(e) if the party or the witness evades service, of summons or notice

or refuses to accept service, or whereabouts of the party or

witness are not known, the summons or notice may be served

by affixing a copy thereof at the last known residence of the

party or witness and if such address is not known the summons

or notice may be affixed at the office of the panchayat of a gram

or municipal office of the town or city in which such party or

witness is known to have last resided or by publication of the

same in any local newspaper.

(4) Where the serving officer delivers or tenders copy of the summons to

the defendant personally or to an agent or other person on his behalf,

he shall require the signature of the person to whom the copy is so

delivered or tendered to an acknowledgement of service endorsed on

the original summons.

(5) The serving officer shall in all cases in which the summons has been

served under sub-rule (4), endorse or annex, or cause to be endorsed

or annexed, on or to the original summons a return stating the time

when and the manner in which the summons was served and the name

and address of the person (if any) identifying the person served and

witnessing the delivery or tender of the summons.

(6) Where the defendant is a public officer or is a servant of a local authority

the officer issuing the summons may if it appears that the summaries

may be most conveniently so served, send it by registered post pre-

paid for acknowledgement for service or the defendant, to the head of

the office in which he is employed together with a copy to be retained

by the defendant.

73 Procedure for the custody of property attached under Section100: - (1) Where the property to be attached is moveable property, other than

agricultural produce, in the possession of the debtor, the attachment49 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 50 shall be made by actual seizure and the attaching officer shall keep the property in his own custody or in the custody of One of his subordinates, or of a Receiver, if one is appointed under sub-rule (2) and shall be responsible for the due custody thereof:

Provided that, when the property seized is subject to speedy and natural decay, or when the expense of keeping it in custody is likely to exceed its value, the attaching officer may sell it at once.

(2) When it appears to the officer ordering conditional attachment under Section 100 to be just and convenient, he may appoint a Receiver for the custody of the moveable property attached under that section and his duties and liabilities shall be identical with those of a Receiver appointed under Order XL in the First Schedule to the Code of Civil Procedure, 1908.

(3) (a)Where the property to be attached is immovable, the attachment shall be made by an order prohibiting the debtor from transferring or charging the property in any way and all persons from taking any benefit from such transfer or charge.

(b) The order shall be proclaimed at some place on, or adjacent to, such property by beat of drum or other customary mode, and a copy of the order shall be fixed on a conspicuous part of the property and upon a conspicuous part of the village panchayat office, and where the property is land paying revenue to the Administration, also in the office of the Collector of the district and in the office of the Deputy Collector or any other revenue officer within whose jurisdiction the property is situated.

74 Procedure for attachment and sale of property for realisation of any security given by person in course of execution proceedings: - The procedure laid down in Rules 71 and 73 shall mutatis mutandis apply for attachment and sale of property for the realisation of any security given by a person in the course of execution proceedings.

(1) Every order or award passed by the adjudicating authority under section 100 or section 101 shall after the expiry of the period for appeal under section 102, be forwarded by the Registrar to the society or to the party concerned with instructions that it should be executed forthwith according to the provisions of section 103.

(2) If the amount due under the award is not forthwith recovered or the order is not carried out, the award or as the case may be, the order shall be forwarded by the society or the party concerned to the Registrar with an application for execution along with all other information required by the Registrar for the issue of certificate under section 103. The applicant50 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 51 shall state whether he desires to execute the award or as the case may

be order by the civil court or through the Collector as provided under

section 103.

(3) Every order passed in appeal under section 102 shall also be executed

in the manner prescribed under sub-rule (2).

(4). When recovery is made under section 103 in execution of any order

referred to in the said section and property is not sold in such execution,

the Registrar may order the expenses of such recovery to be paid by

the party in default according to a scale laid down by him not exceeding

in aggregate 10 per cent of the amount of the dues.

Transfer of (1) When in the execution of an order sought to be executed under section

property 103 any property cannot be sold for of some person on his behalf or of

some persons claiming it under a title event of buyers, and such

property is in the possession of the defaulter, or created by the defaulter

subsequently to the issue of the certificate by the Registrar or liquidator

under the said section 103 the officer conducting the execution shall as

soon as practicable report the fact to the Court or the Collector or the

Registrar as the case may be, and to the society which applied for the

execution of the said order.

(2) On receipt of a report under sub-rule (1) the society may within six

months from the date of the receipt of the report or within such further

period as may for sufficient reasons be allowed in any particular case

by the Court or the Collector or the Registrar, as the case may, submit

an application in writing to the Court or the Collector or the Registrar,

as the case may be, stating the terms and conditions on which it agrees

to take over such property.

(3) On receipt of an application under sub-rule (2) notices about the

intended transfer shall be issued to the defaulter and to all persons

known to be interested in the property including those whose names

appear in the Record of rights as persons holding any interest in the

property.

(4) On receipt of such a notice, the defaulter or any person owning such

property, or holding an interest therein by virtue of a title acquired before

the date of the issue of a certificate under section 103 may within one

month from the date of the receipt of such notice, deposit with the Court

or the Collector or the Registrar, as the case may be, for payment to

the society a sum equal to the amount due under the order sought to

be executed together with interest thereon and such additional sum for

payment of costs and other incidental expenses as may be determined

in this behalf by the Court or the Collector.

51 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 52

(5) On failure of the defaulter, or any person interested, or any person

holding any interest in the property to deposit the amount under sub-

rule (4) the Court or the Collector or the Registrar, as the case may be,

shall direct the property to be transferred to the society on the conditions

stated in the certificate in the Form N such recovery to be paid by the party in default according to a scale laid down by him not exceeding in

aggregate 10 per cent of the amount of the dues.

(6) The certificate granted under sub-rule (5) shall state whether the

property is transferred to the society in full or partial satisfaction of the

amount due to it from the defaulter.

(7) if the property is transferred to the society in partial satisfaction of the

amount due to it from the defaulter, the Court or the Collector or

Registrar as the case may be, shall on the production by the society of

a certificate signed by the Registrar, recover the balance due to the

society in the manner prescribed in section 103.

(8) The transfer of the property under sub-rule (5) shall be affected as

follows

(a) in the case of movable property

(i) where the property is in the possession of the defaulter himself

or has been taken possession of on behalf of the Court or the

Collector or the Registrar it shall be delivered to the society;

(ii) where the property is in the possession of some person on

behalf of the defaulter, the delivery thereof shall be made by giving

notice to the person in possession directing him to give actual

peaceful possession to the society and prohibiting him from

delivering possession of the property to any other person;

(iii) the property shall be delivered to a person authorised by the

society to take possession on behalf of the society.

(b) in the case of immovable property,

(i) where the property is a growing or standing crop. it may be

delivered to the society before it is cut and gathered and the society

shall be entitled to enter on the land and to do all that is necessary

for the purpose of tending cutting and gathering it;

(ii) where the property is in the possession of the defaulter or of

some person on his behalf or some person claiming under a title

created by the defaulter subsequent to the issue of a certificate

under section 103 the Court or the Collector or the Registrar, as the

case may be, shall order delivery to be made by putting the society

or any person whom the society may appoint to receive delivery on

its behalf in actual possession of the property and if need be, by

removing any person who illegally refuses to vacate the same after52 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 53 holding an enquiry as provided in rules 13-A to 13-C of the rules

regulating execution of decrees transferred to the Collector under

Section 68 of the Code of Civil Procedure, 1908;

(iii) where the property is in the possession of tenant or other person

entitled to hold the same by a title acquired before date of issue of

a certificate under section 103 , the Court or the Collector or

Registrar, as the case may be, shall order delivery to be made by

affixing a copy of the certificate of transfer of the property to the

society on some conspicuous place on the property and

proclaiming to such person by beat of drum or other customary

mode at some convenient place, that the interest of the defaulter

has been transferred to the society.

(9) The society shall be required to pay expenses incidental to sale

including the cost of maintenance of live-stock, if any. according to such

scale as may be fixed by the Administration from time to time.

(10) Where land is transferred to the society under clause(ii) (a) of sub-rule

(8) before a growing or standing crop is cut and gathered the society

shall pay the current years land revenue.

(11) The society shall forthwith report any transfer of property under clause

(ii) (b) or (c) of sub-rule (8) to the village accountant for the information

and entry in the Record of Rights.

(12) The society to which property is transferred under sub-rule (5) shall

maintain for each such defaulter a separate account showing all the

expenses incurred including payment to outside encumbrance, land

revenue and other dues on the property and all the income derived from

it.

(13) The society to which property is transferred under sub-rule (5) shall

use its best endeavor to sell the property as soon as practicable to the

best advantages of the society as well as that of the defaulter, the first

option being always to be given to the defaulter who originally owned

the property. The sale shall be subject to confirmation by the Registrar.

The proceeds of the sale shall be applied to defraying the expenses of

the sale and other expenses incurred by the society and referred to in

sub-rule (9) and (12) and to the payment of the arrears due by the

defaulter under the order in execution and the surplus (if any) shall then

be paid to the defaulter.

(14) Until the property is sold, the society to which the property is transferred

under sub-rule (5) shall use its best endeavors to lease it or to make

any other use that can be made of it so as to derive the largest possible

income from the property.

(15) When the society to which property is transferred under sub-rule (5)

has realised all its dues under the order in execution of which the53 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 54 property was transferred from the proceeds of management of the

property, the property if unsold, shall be restored to the defaulter.

Liquidation A copy of an interim order made on a ground specified in clause (a) or sub-

clause (iv) of clause (c) of sub-section (1) of section 107 shall be

communicated by the registered post.

Cost of hearing No application under section 109 shall be entertained from a member

an appeal unless it is accompanied by Rs. 500/- or such higher amount not exceeding

Rs. 2500/- in any case, as may be ordered by the appellate authority as

security for the cost of hearing the appeal.

The following procedure shall be adopted for the appointment of the

Appointment of Liquidator and for the exercise of his powers, namely: —

Liquidator and

the procedure to (1) The appointment of the Liquidator shall be notified by the Registrar in

be followed and the Official Gazette.

powers to be

exercised by him (2) As soon as may be after the interim order is issued under Section 107,

the Liquidator shall take over the custody and control of all the property,

effects and actionable claims and books, records and other documents

pertaining to the business of the society and continue to hold custody

and control thereof until the interim order is vacated.

(3) Where the interim order is vacated, the Liquidator shall take action in

accordance with the provisions of sub-section (6) of Section 108.

(4) Where the Liquidator receives the Registrar's final order confirming the

interim order, the Liquidator shall publish by such means as he may

think proper a notice requiring all claims against the society to be

notified to him within two months of the publication of the notice and

shall thereafter proceed to take such further action as he is empowered

to take under the Regulation. All liabilities recorded in the account

books of the society shall be deemed ipso facto to have been duly

notified to the Liquidator under this rule.

(5) The Liquidator shall, after settling the assets and liabilities of the society

as they stood on the date on which the order for winding up is made,

proceed to determine the contribution to be made or remaining to be

made to the assets of the society by persons and estates referred to in

clause (h) of Section 110 and by order call upon each of them to pay

the amount specified in the order as contribution and as costs of the54 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 55 liquidation determined under clause (k) of Section 110. Every such

order shall be submitted for approval to the Registrar, who may modify

it or refer it back to the Liquidator for further inquiry or other action or

may forward it for execution under Section 103.

(6) If the sum assessed against any member is not recovered, the

Liquidator may issue subsidiary order or orders against any other

member or members to the extent of the liability of each for the debts

of the society until the whole amount due from members is recovered.

The provisions of sub-rule (5) shall mutatis mutandis apply to such

orders.

(7) The Liquidator shall submit a quarterly progress report and such other

returns and statements to the Registrar in Form P, showing the progress made in the liquidation of the society.

(8) The Liquidator may empower any person, by general or special order in

writing, to make collections and to grant valid receipts on his behalf.

(9) Unless otherwise permitted by the Registrar, all funds in charge of the

Liquidator shall be deposited as provided in section 62 and shall stand

in the name of the Liquidator.

(10) The Registrar shall fix the amount of remuneration, if any, to be paid

to the Liquidator. The remuneration shall be included in the cost of

liquidation which shall be payable out of the assets of the society in

priority to other claims.

(11) The Liquidator shall have power to call meetings of members of the

society in liquidation.

(12) The Liquidator may submit an application to the Registrar for the

reconstruction of the society under Section 20 if he is of opinion that

such reconstruction has a reasonable chance of success.

(13) The Liquidator may, at any time, be removed by the Registrar and he

shall on such removal be bound to hand over all the property and

documents relating to the society in liquidation to such person or

persons as the Registrar may direct.

(14) (a) The Liquidator shall not exercise the powers under clauses (c), (d),

(e), (f), (g), (h) and (k) of Section 110 without the prior approval of

the Registrar.

(b) An appeal against the order of the Liquidator under clauses (a),

(b), (i), (j), (l), (m) and (n) of Section 110 shall lie to the Registrar.

(15) The Liquidator shall keep such books and accounts as may from time

to time be required by the Registrar.

(16) At the conclusion of the liquidation proceedings, a general meeting of

the members of the society shall be called. At such meeting, the55 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 56 Liquidator shall summarise his proceedings, point out causes of the

failure of the society, and report what sum, if any, remains in his

possession after meeting all the liabilities of the society as determined

under these rules and suggest how the surplus, if any, should be

utilised.

80 Disposal of records of society whose registration is cancelled:- (1) As soon as may be after the affairs of a society for which a Liquidator has

Disposal of

records of been appointed have been wound up and an order cancelling the

society whose registration is made under Section 21, the Liquidator shall forward all

registration is the books and records of the wound-up society, and all his own papers

cancelled and proceedings, to the Registrar together with an account of his

expenses, showing how the balance has been disposed of, and

attaching the receipt of the person to whom it was handed over.

(2) All the books and records of a society, whose registration has been

cancelled, and the proceedings of liquidation, shall be destroyed by the

Registrar after the expiry of two years from the date of the order

cancelling the registration of the society, if no legal proceeding is

pending before any authority.

Form of The Information to be sent regarding the loans taken from the bank by each

information committee member, members of the family and companies with which he

under section is associated in clause (a) of section 118 shall be in Form O

118 Chapter XII

Qualifications of 82 Qualifications of President and other members of the Cooperative Tribunal, and their appointment: - (1) The Administrator shall appoint a person who is holding or has held a judicial office not lower in rank than that

President and of Chief Judicial Magistrate or has held the office of the Secretary to the other members Government in the Department of Cooperation to be the President of the

of the

Cooperative Co-operative Tribunal.

Tribunal, and (2) Each of the other members of the Co-operative Tribunal to be appointed their appointment by the Administrator shall be a person, —

(a) who has held office not lower in rank than that of Assistant Registrar

of Cooperative Societies for not less than five years.

(b) who is holding or has held a judicial office not lower in rank than that

of Judicial Magistrate First Class or equivalent post.

qualification in law of any University established by law or of any56 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 57 other authority which entitles him to be enrolled as an Advocate, and

either has held office not lower in rank than that of Deputy Secretary

to Union Territory for no less than three years.

(3) No person shall hold or continue to hold the office of the President after

he attains the age of sixty-five years and of any other member of the

Appellate Court after he attains the age of sixty-two years.

(4) If the President or any other member of the Co-operative Tribunal is in

service with Administration at the time of his appointment, his pay,

allowances and other conditions of service shall continue to be

governed by the service conditions rules applicable to him before such

appointment, and if he is a direct recruit, his pay, allowances and other

conditions of service shall be governed by the rules made by the

Administration from time to time.

(5) Subject to sub-rule (3) and save as otherwise specified by the

Administrator in any case, the President and any other member of the

Co-operative Tribunal shall hold office for a period of three years in the

first instance, and thereafter his term of office may be extended by the

Administrator, from time to time, for such period as it may deem fit.

(6) In the event of the occurrence of any vacancy in the office of the

President of the Co-operative Tribunal, the senior-most member having

judicial experience shall act as President.

(7) The Headquarter of the Co-operative Tribunal shall be Kavaratti.

Procedure of (1) Every appeal under section 126 shall be in the Form of memorandum,

appeal and which shall

procedure after

presentation of (a) be either type written or written in ink in legible hand,

appeal (b) specify the name and address of the appellant and the name and

address of the respondent or the opponent, as the case may be,

made,

(d) clearly state the grounds on which the appeal is made,

(e) state precisely the relief which the appellant claims,

(f) state the date of the order or decision appealed against.

(2) An appeal shall be presented in person by the appellant or by his duly

appointed agent to the appellate authority during the office hours or sent

by registered post.

57 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 58

(3) On receipt of an appeal, the appellate authority shall examine it and if it

is found that it is in order as provided in sub-rule (1) it shall be registered

in the appropriate register maintained for this purpose.

(4) If the appeal is found to be defective in certain respects, the Appellate

authority may call upon within such time not more than 15 days in any

case to remedy the formal defects pointed out in the appeal.

(5) if the party concerned or his agent fail to remedy the defects within the

prescribed time the appellate authority shall fix a date for preliminary

hearing of the appeal of which due notice shall be given to the party

concerned.

(6) On the date fixed under sub-rule (4) the appellate authority shall hear

the party or his agent. if present, and pass orders either directing that

the appeal be admitted or rejecting the appeal. Where the appeal is

rejected, the appellate authority shall record its reasons for doing so.

84 Notice to respondent or opponent: -

Notice to After an appeal is admitted, a notice shall be delivered or sent by registered

respondent or post to the respondent or opponent calling upon him to appear before the

opponent appellate authority on the date specified in the notice. The notice shall also

declare that if he does not appear before the appellate authority either in

person or through an agent on the date specified in notice or on any

subsequent date to which the hearing may be adjourned, the appellate

authority shall hear and decide the appeal ex-parte

Procedure at the On the date fixed for hearing or on any other date to which the hearing may

hearing be adjourned, the appellant or his agent, or if permitted by the appellate

authority, his pleader shall ordinarily be heard first in support of his appeal.

The respondent or the opponent or his agent or. if permitted by the

authority, his pleader, shall if necessary be heard next and in such case the

appellant or his agent or his pleader shall be entitled to reply.

Hearing in (1) if, on the date fixed for hearing or on any other day to which the hearing

absence of the may be adjourned the appellate does not appear either in person or by

parties his agent or pleader when the appeal is called for hearing, the appellate

authority may dismiss the appeal or may decide it on merits, after hearing

the respondent or opponent or his agent or pleader, if present.

(2) if, on the day fixed for hearing or any other day to which the hearing may

be adjourned, the respondent or opponent does not appear either in

person or through his agent or pleader if permitted, when the appeal is

called for hearing, the appellate authority may decide the same on merits

after hearing the appellant or his agent or pleader if he be present.

58 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 59

If any of the parties was absent at the date of hearing and the appeal was

Restoration of heard and decided ex-parte, the party concerned may apply for restoration

appeals decided of appeal and if the party satisfies the appellate authority that he had no

ex-parte notice of the date of hearing or that he was prevented from any sufficient

cause from appearing when the appeal was called for hearing the appellate

authority may restore the appeal to its file:

Provided that where the other party has appeared in the appeal such party

shall be given notice and an opportunity of being heard before the order for

restoration of the appeal is made.

(1) No party to an appeal shall be entitled to adduce fresh evidence whether

Fresh evidence oral or documentary before the appellate authority. The appellate

and witnesses authority may accept documents tendered by a party or call for the

same if it is of opinion that they are necessary for deciding the appeal,

provided that the other party shall in that case be entitled to produce

rebutting evidence.

(2) If the Appellate Authority is of opinion that any witness should be

examined, it may do so, if it is necessary for deciding the appeal.

(3) Where fresh evidence has been adduced under sub-rule (1) or a witness

has been examined as provided in sub-rule (2) the parties may, if they

so desire address the appellate authority on points arising out of the

fresh evidence or the deposition of the witness.

Adjournment The Appellate Authority may on such terms as it thinks fit and at any stage,

adjourn the hearing of any appeal

Procedure in

case of death of If an appellant dies, while the appeal is pending and it cannot be proceeded

one of several with unless his legal representative is made a party to the appeal the

appellants or of appellate authority shall adjourn further proceedings to enable his legal

sole appellant representative to appear and apply for being made a party. If the legal

representative falls to do so within 90 days from the date on which the

appellant dies, the appeal shall abate as regards the deceased and if he be

the sole appellant the appeal shall be dismissed, it shall be proceeded with

as regards the remaining appellants

If respondent or opponent dies while the appeal is pending, and it cannot

be proceeded with unless his legal representative is made a party to the59 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 60 Procedure in appeal, the appellant shall apply to the appellate authority for making the

case of death of legal representative of such a respondent or opponent a party to the appeal

one of several within 90 days from the date on which the respondent or opponent died. If

respondents or the appellant fails to do so, the appeal shall abate as regards the deceased.

opponents or If the deceased be the sole respondent or opponent, the appeal shall be

sole respondent dismissed, in any other case it shall be proceeded with as regards the or opponent remaining respondents or opponents.

No abatement by Notwithstanding anything contained in rules 90 and section 91, there shall

reason of death be no abatement by reason of the death of any party, between the

after hearing conclusion of the hearing and the pronouncement of the judgment, but the

judgment may in such case be pronounced notwithstanding the death, and

shall have the same force and effect as if it had been pronounced before

the death took place. No legal representative need be made party in such

case.

Determination of If a question arises in any appeal where a person is or is not a legal

legal representative of a deceased party, such question may be determined by

representative the appellate authority in a summary way after taking evidence if necessary

A person claiming to be a legal representative of a deceased appellant or

Abatement or assignee or receiver of an insolvent appellant may apply within 60 days dismissal for from the date of abatement or dismissal of the appeal to have the failure of legal

representative to abatement or dismissal set aside, and if it is proved to the satisfaction of

apply in time may the appellate authority that he was prevented by, sufficient cause from

be set aside appearing within time, the abatement or dismissal shall be set aside by the

appellate authority and the appeal proceeded with.

Procedure in 95 Procedure in case of insolvency: -

case of If a party to an appeal becomes insolvent and his estate, becomes vested

insolvency in the assignee or receiver, the latter may, by leave of the appellate

authority be made a party to the appeal.

Pronouncement 96 Pronouncement of judgment and costs of appeal: -

of judgment and (1) When the hearing of the appeal is complete, the appellate authority shall costs of appeal pronounce its judgment forthwith or shall fix a date for the same. Such

date shall be notified on the notice board of the appellate authority.

(2) Every judgment of the appellate authority shall be in writing.

60 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 61

(3) The appellate authority shall in its judgment state at the end, whether

the appeal is dismissed or allowed wholly or in part and mention, the

relief if any, granted to the appellant.

(4) The costs of the appeal shall be in the discretion of the appellate

authority in its final order. The appellate authority shall state who shall

bear the cost and in what proportion. if any

Supply of 97 Supply of certified copies: -

certified copies Certified copies of the judgment shall be supplied free of cost on application

to the parties concerned

Procedure for

recovery of sums 98 Procedure for recovery of sums due to Administration: –The provisions of rule 138 shall apply in regard to the recovery of any sum due to

due to Administration as "decree-holder" subject to the following modification,

Administration namely;

(1) The Registrar of the place in which the cause of action arose may, of

his own motion, take any steps which he may deem suitable in the

matter of such recovery in accordance with the provisions of that rule,

without any applications having been made to him in that behalf.

(2) It shall not be necessary to deposit any sum by way of costs.

(3) It shall not be necessary for the sale officer to give the decree-holder

previous notice, of the intention to serve the demand notice on the

defaulter and, in default of payment to distrain his property. Nor shall

the provision of that clause which empowers the sale officer to require

decree-holder to undertake the custody of the distrained property apply.

(4) It shall not be necessary to send a copy of the attachment notice to the

decree-holder.

(5) It shall not be necessary to give notice of the proclamation of sale to the

decree-holder.

(6) The Registrar shall himself obtain the encumbrance certificate required

to be furnished by the decree-holder.

(7) The payments required to be made shall be made to the sale officer on

behalf of the decree-holder.

(8) The application shall be made by the sale officers on behalf of the

decree-holder.

61 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 62

(1) Any decree-holder desiring to recover any amount or sum mentioned in

Application sub-section (1) of section 132 may make an application to the Recovery

Officer and shall deposit the necessary costs on a scale specified by

the Registrar.

(2) Every such application shall be made in the form specified by the

Registrar and shall be signed by the decree-holder. The decree-holder

may indicate whether he wishes to proceed against the immovable

property mortgaged to the decree-holder or other immovable property

or to secure the attachment of movable property.

(3) On receipt of such application, the Recovery Officer shall verily the

correctness and genuiness of the particulars set forth in the application

with the record, if any. in the office of Registrar and prepare a demand

notice in writing in duplicate in the form specified by the Registrar,

setting forth the name of the defaulter and the amount due and forward

it to the Sale Officer.

Where attachment is required before sale, the Sale Officer shall, if possible,

cause a notice of attachment to be served on the defaulter personally.

Mode of Where personal service. is not possible, the notice shall be affixed in some

attachment conspicuous part of the defaulters last known residence, if any. The fact of

attachment shall also be proclaimed by beat of drum or other customary

mode at some place or adjacent to such property and at such place or

places as the Recovery Officer may consider necessary to give due

publicity to the sale. The attachment notice shall set forth that, unless the

amount due with interest and expense be paid within the date therein

mentioned the property will be brought to sale. A copy shall be sent to the

decree-holder. Where the Sale Officer so directs the attachment shall also

be notified by public proclamation in the Official Gazette.

Proclamation of sale shall be published by affixing a notice in the office of

the Recovery Officer and the panchayat office at least thirty days before

Proclamation the date fixed for the sale and the Recovery Officer shall cause the

before sale publication of the proclamation regarding the time and place of intended

sale to be made by beat of drum or other customary mode in the village on

the day prior to a fortnight and on two consecutive days previous to the date

fixed for sale and on the date of sale prior to the commencement of the

sale. Such proclamation shall where attachment is required before sale, be

made after the attachment has been effected. Notice shall also be given to

the decree-holder and the defaulter.

The proclamation shall state the time and place of sale and specify as fairly

and accurately as possible:

62 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 63

(1) The property to be sold,

(2) any encumbrance to which the property is liable,

(3) the amount, for the recovery of which sale is ordered, and

(4) every other matter which the Sale Officer considers material for a

purchaser to know in order to judge the nature and value of the property

When any immovable property is sold under these rules the sale shall be

subject to the prior encumbrances on the property, if any. The decree holder

Sale by public shall, when the amount for the realisation of which sale is held exceeds Rs.

auction 100 furnish to the Sale Officer within such time as may be fixed by him or

by the Recovery Officer, an encumbrance certificate from the Registration

Department for the period of not less than twelve years prior to the date of

attachment of the property sought to be sold, or in a case falling under the

proviso to rule 120 prior to the date of attachment of the application for

execution. The time for production of the encumbrance certificate may be

extended at the discretion of the Sale Officer or the Recovery Officer as the

case may be. The sale shall be by public auction to the highest bidder,

provided that it shall be open to the Sale Officer to decline to accept the

highest bid where the price offered appears to be unduly low or for other

reasons and provided also that the Recovery Officer or the Sale Officer may

in his discretion, adjourn the Sale to a specified day and hour, recording his

reasons for such adjournment. Where a sale is so adjourned for a longer

period than 7 days, a fresh proclamation shall be made, unless the

judgment debtor consents to waive it. The sale shall be held after the expiry

of not less than thirty days calculated from the date on which notice of the

proclamation was affixed in the office of the Recovery Officer. The time and

place of sale shall be fixed by the Recovery Officer and the place of sale

shall be the village where the property to be sold is situated or such

adjoining prominent place of public resort as may be fixed by the said

Recovery Officer:

Provided that in cases where an encumbrance certificate is not obtainable

owing to the destruction of the connected records, an affidavit from the

village secretary in regard to the encumbrances known to him supported by

a certificate from the Registration Department that the encumbrance

certificate cannot be granted owing to the destruction of the connected

records, shall be accepted in the place, of an encumbrance certificate.

Unless the decree-holder has expressed a desire that proceedings should

be taken in a particular order, the execution shall ordinarily be taken in the

Order in which following manner:

proceedings

shall be taken63 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 64 (1) Movable property of the defaulter shall be first proceeded against but

this shall not preclude the immovable property being proceeded against

simultaneously in case of necessity.

(2) If there is no movable property, or if the sale proceeds of the movable

property attached and sold are insufficient to meet in full the demand of

the decree-holder, the immovable property mortgaged to the decree-

holder, or other immovable property belonging to the defaulter may be

proceeded against.

Distress by Sale 104 Distress by Sale Officer: -

Officer (1) The Sale Officer, shall after giving previous notice to the decree-holder,

proceed to the village or town where the defaulter resides or the

property to be distrained is situated and serve a demand notice upon

the defaulter If he is present. If the amount due together with the

expenses be not at once paid, the Sale Officer shall make the distress

and shall immediately deliver to the defaulter a list of inventories of the

property distrained and an intimation of place and day and hour at which

the distrained property will be brought to sale If the amounts due are

not previously discharged. If the defaulter is absent, the Sale Officer

shall serve the demand notice on some male member of his family, or

on his authorised agent, or when such service cannot be affected, shall

affix a copy of the demand notice on some conspicuous part of his

residence. He shall then proceed to make the distress and shall fix the

list of the property the place where the property may be lodged or kept

and an intimation of the place, day, and hour of sale.

(2) The distress shall be made after sunrise and before sunset and not at

any other time.

(3) The distress levied shall not be excessive, that is to say, the property

distrained shall be as nearly as possible proportionate to the sum due

by the defaulter together with interest and all expenses incidental to the

distraint, detention and sale.

(4) It shall be lawful for the Sale Officer to force open any stable, cow-house,

granary, godown, out-house or other building and he may also enter

any dwelling house, the outer door of which may be open and may

break open the door of any room in such dwelling house for the purpose

of attaching property, belonging to a defaulter and lodged therein,

provided always that it shall not be lawful for the officer to break open

or enter apartment in such dwelling house appropriated for the zanana

or residence of women except as provided in sub-rule (5).

(5) Where the Sale Officer may have reason to suppose that the property

of a defaulter is lodged within a dwelling house the outer door of which

may be shut or within any apartments appropriated to women which by

the custom or usage are considered private, the Sale Officer shall

represent the fact to the Officer-In-charge of the nearest police station.

64 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 65

On such representation the officer-In-charge of the said police station

shall send a police officer to the spot in the presence of whom the Sale

Officer may force to open the outer door of such dwelling house, in like

manner as he may break open the door of any room within the house

except the Zanana. The Sale Officer may also, in the presence of a

police officer, after due notice given for the removal of women within

Zanana and after furnishing means for their removal in a suitable

manner (if they be women of rank, who, according to the custom or

usage cannot appear in public) enter the Zanana apartments for the

purpose of distraining the defaulter's property. If any, deposited therein,

but such property. If found, shall be immediately removed from such

apartments after which they shall be left free to the former occupants.

Custody of 105 Custody of distrained property: -

distrained

property (1) After the distress is made, the Sale Officer may arrange for the custody

of the property attached with the decree-holder or otherwise.

(2) If the Sale Officer requires the decree-holder to undertake the custody

of the property he shall be bound to do so and any loss incurred owing

to his negligence shall be made good by the decree-holder. If the

attached property is live-stock, the decree-holder shall be responsible

for providing the necessary food therefor.

(3) The Sale Officer may, at the instance of the defaulter or of any person

claiming an interest in such property, leave it in the village or place

where it was attached, in the charge of such defaulter or person, if he

enters into a bond in the form specified by the Registrar with one or

more sufficient sureties for the production of the property when called

for.

If crops or un-gathered products of the land belonging to a defaulter are

Manner of attached, the Sale Officer may cause them to be sold when fit for reaping

dealing with or gathering, or at his option may cause them to be reaped or gathered in

distrained crops due season and stored in proper place until sold. The expense of reaping

or gathered and storing such crops or products shall be defrayed by the

owner upon his redeeming the property or from the proceeds of the sale in

the event of its being sold.

Distrained cattle 107 Distrained cattle or property not to be used: -

or property not to The Sale Officer shall not work the bullocks or cattle or make use of the

be used goods or effects distrained. He shall provide the necessary food for the

cattle or livestock, but the expense attending which shall be defrayed by the

owner upon his redeeming the property or from the proceeds of the sale in

the event of its being sold.

65 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 66

Proclamation 108 Proclamation regarding time and place of sale: -

regarding time (1) The proclamation regarding sale shall be published at least 15 days and place of sale before the date fixed for sale by affixing a notice, in the office of the Sale

Officer and the village panchayat office or some other public building in

the village in which such property was seized. The Sale Officer shall,

on the day prior to a fortnight before the date fixed for sale and a day

prior to the day of sale and also on the day of sale cause the publication

of proclamation regarding the time and place of the intended sale to be

made by beat of drum or in some other way in the village or town in

which the defaulter resides and in such other place or places as the

officer may consider necessary to give due publicity to the sale.

(2) No sale shall take place on Sunday or other public holiday as so

declared by the Administration, nor until after the expiration of a period

of fifteen days from the date on which the notice was served or affixed

in the manner prescribed in rule 98:

Provided that where the property seized is subject to speedy and

natural decay or where the expenses of keeping in custody are likely to

exceed its value, the sale officer may cause the same to be sold any time

before the expiry of the said period of fifteen days, unless the amount due

is sooner paid.

(1) At the appointed time the property shall be put up in one or more lots,

as the Sale Officer may consider advisable, and shall be disposed of to

Manner of

conducting sale the highest bidder:

Provided that it shall be open to the Sale Officer to decline to accept the

highest bid where the price offered appears to be unduly low or for other

reasons.

(2) Where the property is sold for more than the amount due the excess

amount, after deducting the interest and the expenses of process and

the other charges, shall be paid to the defaulter.

(3) The Recovery Officer or the Sale Officer may in his discretion adjourn

the sale to a specified day and hour recording his reasons for such

adjournment. Where a sale is so adjourned for a longer period than 7

days, a fresh proclamation under rule 108 shall be made unless the

judgment debtor consents to waive it.

The property shall be paid for in cash or any permitted digital mode as may

be permitted by the sale officer at the time of sale or at such time as the

Payment of Sale Officer may appoint and the purchaser shall not be permitted to carry

property away any part of the property until he has paid for it in full. Where the

purchased66 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 67 purchaser falls in the payment of purchase money, the property shall be

resold.

Where it is proved to the satisfaction of any civil court of competent

Restoration of jurisdiction that any property which has been distrained under these rules,

property by Court has been forcibly or clandestinely removed by any person, the court may

order forthwith such property to be restored to the Sale Officer.

If before the auction has commenced, the defaulter or any person acting on

Cancellation of his behalf or any person claiming an interest in the property attached pays

order of the full amount due including interest, allowances and other cost incurred

attachment on in attaching the property the sale officer shall cancel the order of attachment

payment of and released the property forthwith

money 113 Property exempts from attachment: -

Property The movable properties mentioned as exempt from attachment in the

exempts from proviso to Section 60 of the Code of Civil Procedure 1908, shall not be liable

attachment to attachment or sale under these rules.

Where the movable property to be attached is the salary or allowance or

Attachment of wages of a public officer or of a servant of a local authority or a firm or a

salary or company, the Recovery Officer may, on receiving a report from the Sale

allowances of Officer, order that the amount shall, subject to the provisions of section 60

public servant of the Code of Civil Procedure, 1908, be withheld from such salary or as

the said Recovery Officer may direct and upon notice of the order, the

officer or other persons whose duty is to disburse such salary or allowance

or wages shall withhold and remit to the Sale Officer, the amount due under

the order or the monthly instalment as the case may be.

Attachment of Where the property to be attached consist of the share or interest of the

share or interest defaulter in movable property belonging to him and another as co-owner

in movables the attachment shall be made by a notice to the defaulter, prohibiting him

from transferring the sale or interest or charging it in any way.

Attachment of Where the property to be attached is negotiable instrument not deposited

negotiable in a Court, nor in custody of a public officer, the attachment shall be made

instruments by actual seizure and the instrument shall be brought to the office of

Recovery Officer ordering the attachment and be held subject to his further

orders.

67 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 68

Attachment of Where the property to be attached is in the custody of any court or public

property in officer, the attachment shall be made by a notice to such court or officer,

custody of court requesting that such property and any interest or dividend becoming

or public servant payable thereon may be held subject to the further orders of the Recovery

Officer issuing the notice:

Provided that where such property is in the custody of a court or Recovery

Officer of another district, any question of title or priority

(1) Where the property to be attached is a decree either for the payment of

Attachment of money or for sale in enforcement of a mortgage or charge, the

decree attachment shall be made by the order of the Registrar.

(2) Where the Registrar makes an order under sub-rule (1) he shall, on the

application of the decree holder who has attached the decree, proceed

to execute the attached decree and apply the net proceeds in

satisfaction of the decree sought to be executed.

(3) The holder of a decree sought to be executed by the attachment of

another decree of the nature specified in sub-rule (1), shall be deemed

to be the representative of the holder of the attached decree and to be

entitled to execute such attached decree in any manner lawful for the

holder thereof.

(4) Where the property to be attached in execution of a decree is a decree

other than a decree of the nature referred to in sub-rule (1), the

attachment shall be made by the issue of a notice by the Recovery

Officer to the holder of such decree, prohibiting him from transferring or

charging the same in any way.

(5) The holder of a decree attached under this rule shall give the Recovery

Officer executing the decree such information and aid as may

reasonably be required.

(6) On the application of the holder of a decree sought to be executed by

the attachment of another decree, the Recovery Officer making an order

of attachment under this rule shall give notice of such order to the

judgment debtor bound by the decree attached, and no payment or

adjustment of the attached decree made by the judgment debtor in

contravention of such order after receipt of notice thereof, either through

the said Recovery Officer or otherwise, shall be recognised so long as

the attachment remains in force.

(1) Where the movable property to be attached is a debt due to the defaulter

in question, or a share in the capital of a corporation or a deposit68 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 69 Attachment of invested therein, or other movable property not in possession of the

debt etc. defaulter, except property deposited in or in the custody of, any civil

court, the attachment shall be made by a written order signed by the

Recovery Officer.

(2) In the case of a debt, such order shall prohibit the creditor from

recovering the debt and debtor from payment thereof.

(3) In the case of a share of deposit, such order shall prohibit the person in

whose name the share or the deposit may be standing, from transferring

the share or deposit or receiving any dividend or interest thereon.

(4) In the case of any other movable property such order shall prohibit the

person in possession of it from giving it over to the defaulter.

(5) A copy of such order shall be sent in the case of the debt to the debtor,

in the case of the share of deposit to the proper officer of the corporation

and in the case of the other movable property (except as aforesaid) to

the person in possession of such property. As soon as the debt or the

deposit matures the Recovery Officer may direct the person concerned

to pay the amount to him. Where the share is not withdrawable, the said

Recovery Officer shall arrange for its sale through a broker. When the

share is withdrawal, its value shall be paid to the said Recovery Officer

or to the party concerned as soon as it becomes payable. In the case

of other movable property, the person concerned shall place it in the

hands of the said Recovery Officer as it becomes deliverable to the

defaulter.

Attachment 120 Attachment before sale: -

before sale Immovable property shall not be sold in execution of decree unless

such property has been previously attached:

Provided that where the decree has been obtained based on a

mortgage of such property it shall not be necessary to attach it.

Application to 121 Application to state description of immovable property: -

state description Where it is proposed to recover the amount by sale of immovable property,

of immovable the application presented under rule 96 shall contain a description, of the

property immovable property to be prescribed against, sufficient for its identification

and in case such property can be identified by boundaries or numbers in a

record of settlement or survey, the specification of such boundaries or

numbers and the specification of the defaulters share or interest in such

property to the best of the knowledge of the decree-holder and so far as he

has been able to ascertain it.

Mode of service 122 Mode of service of demand notice: -

of demand notice The demand notice to be prepared by the Recovery Officer under rule 99

shall contain the name of the defaulter, the amount due, including the

expenses if any and the batta to be paid to the person who shall serve the

demand notice, the time allowed for payment and in case of non-payment,

the particulars of the proprieties to be attached and sold or to be sold69 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 70 without attachment as the case may be. After receiving the demand notice

the Sale Officer shall serve or cause to be served a copy of the demand

notice upon the defaulter or upon some adult male member of his family

and his usual place of residence, or upon his authorised agent or, if such

personal service is not possible, shall affix a copy thereof on some

conspicuous part of the immovable property, about to be attached and sold

without attachment, as the case may be: Provided that where the Recovery

Officer is satisfied that a defaulter with intent to defeat or delay the

execution proceeding against him is about to dispose of the whole or any

part of his property, the demand notice shall not allow any time to the

defaulter for payment of the amount due by him and the property of the

defaulter shall be attached forthwith.

Procedure when If the defaulter falls to pay the amount specified in the demand notice within

defaulter the time allowed the Sale Officer shall proceed to attach and sell, or sell

neglects to pay without attachment, as the case may be, the immovable property noted in

the application for execution.

Deposit by A sum of money equal to 25 per cent of the price of the immovable property

purchaser and shall be deposited by the purchaser in the hands of the Sale Officer at the

resale on default time of the purchase, and in default of such deposit shall forthwith be resold:

Provided that where the decree-holder is the purchaser and is entitled to

set off the purchase money under rule 127 the Sale Officer shall dispense

with the requirements of this rule.

Time for payment The remainder of the purchase money and the amount required for

of balance of general stamp for the sale certificate shall be paid within fifteen days from

purchase money the date of sale:

Provided that the time for payment of the cost of stamp may for good

and sufficient reasons, be extended at the discretion of the Recovery Officer

up to thirty days from the date of sale:

Provided further that in calculating the amounts to be paid under this

rule, the purchaser shall have the advantage of any set off to Which he may

be entitled under rule 128.

Procedure in In default of payment within the period mentioned in rule 125, the deposit,

default of may, if the Recovery Officer thinks fit after defraying the expenses of the

payment sale be forfeited to the Administration and the defaulting purchaser shall

forfeit all claims to the property or any part of the sum for which it may

subsequently be sold.

70 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 71

Notification of Every resale of immovable property in default of payment of the amounts

resale mentioned in rule 128 within the period allowed for such payment, shall be

made after the issue of a fresh proclamation in the manner and for the

period hereinbefore prescribed for the sale

Where a decree-holder purchases the property, the purchase money and

Procedure when the amount due on the decree shall be set off against one another, and the

decree-holder Sale Officer shall enter up satisfaction of the decree in whole or in part

purchases accordingly.

property 129 Release of property on payment of amount due: -

Where prior to the date fixed for a sale the defaulter or any person acting

Release of on his behalf or any person claiming an interest in the property sought to

property on be sold tenders payment of the full amount due together with interest, and

payment of other expenses incurred in bringing the property to sale, including the amount due expenses of attachment, if any, the Sale Officer shall forthwith release the

property after cancelling where the property has been attached the order of

attachment.

Application to set (1) Where immovable property has been sold by the Sale Officer any

aside sale on person either owning such property or holding any interest therein by

depositing virtue of a title acquired before such sale may apply to have the sale set

amount due aside on his depositing with the Recovery Officer for payment to the

decree-holder, the amount of arrears specified in the proclamation of

sale as that for the recovery of which the sale was ordered together with

interest thereon and the expenses of attachment, if any, and sale and

other costs due in respect of such amount less amount which may since

the date of such proclamation have been received by the decree-

holder.

(2) If such deposit and application are made within thirty days from the date

of sale, the Recovery Officer shall pass an order setting aside the sale

and shall repay to the purchaser, the purchase money so far as it has

been deposited together with the 5 per cent deposited by the applicant:

Provided that if more persons than one has made deposit and

application under this sub-rule, the application of the first depositor to the

officer authorised to set aside the sale, shall be accepted.

(3) If a person applies under rule 130 to set aside the sale of immovable

property, he shall not be entitled to make an application under this sub-

rule

Application to set

-aside sale on71 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 72 ground of (1) At any time within thirty days from the date of the sale of immovable

irregularity or property, the decree-holder or any person entitled to share in ratable

fraud distribution of the assets or whose interests are effected by the sale,

may apply to the Recovery Officer to set aside the sale on the ground

of a material irregularity or mistake or fraud in publishing or conducting

it:

Provided that no sale shall be set aside on the ground of irregularity or

fraud unless the said Recovery Officer is satisfied that the applicant has

sustained substantial injury by reason of such irregularity, mistake or fraud.

(2) If the application is allowed, the said Recovery Officer shall set aside

the sale and may direct a fresh one.

(3) On the expiration of thirty days from the date of sale if no application to

have the sale set aside is made or if such application has been made

and rejected, the said Recovery Officer shall make an order confirming

the sale:

Provided that, if he shall have reason to think that the sale ought to be

set aside notwithstanding that no such application has been made or on

grounds other than those alleged in any application which has been made

and rejected, he may, after recording his reasons in writing set aside the

sale.

(4) Whenever, the sale of any immovable property is not so confirmed or is

set aside the deposit or the purchase money, as the case may be, shall

be returned to the purchaser.

(5) After the confirmation of any such sale, the said Recovery Officer shall

grant a certificate of sale bearing his seal and signature to the

purchaser.

(6) Such certificate shall state the property sold and the name of the

purchaser, and it shall be conclusive evidence of the fact of the

purchase in all courts and tribunals in which it may be necessary to

prove it and so to all courts and tribunals in which it may be necessary

to prove it and no proof of the seal or signature of the Recovery Officer

shall be necessary unless the authority before whom is produced shall

have reason to doubt its genuineness.

(7) An order made under this rule shall be final, and shall not be liable to be

questioned in any suit or other legal proceedings.

Delivery of Where any lawful purchaser of immovable property is resisted and

possession prevented by any person other than a person (not being the defaulter)

claiming in good faith to be in possession of the property on his own account

from obtaining possession of the immovable property purchased, any court

of competent jurisdiction on application, and production of the certificate of72 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 73 sale provided for by rule 130 shall cause the proper process to be issued

for the purpose of putting such purchaser in possession, in the same

manner as if the immovable, property purchased has been decreed to the

purchaser by a decision of the court.

Sale of It shall be lawful for the Sale Officer to sell the whole or any portion of the

immovable immovable property of a defaulter in discharge of money due: Provided that

property to be so far as may be practicable, no larger section or portion of immovable

proportionate to property shall be sold than may be sufficient to discharge the amount due

amount due with interest and expenses of attachment if any and sale.

Private alienation Where an attachment has been made under these rules, any private

of property after transfer or delivery of the property attached or of any interest therein and

attachment to be any payment to the defaulter of any debt, dividend or other moneys contrary

void to such attachment, shall be void as against all claims enforceable under

the attachment. Explanation. -For the purpose of this rule, claim

enforceable under the attachment includes claims for the ratable

distribution of assets under rule 138

Process servers Person employed in serving notice or in other process under these rules

to be paid shall be entitled allowances at such rates as may from time to time be fixed

allowances by the Recovery Officer.

Interest and Where the cost and charges incurred in connection with attachment and

other charges sale of movable property or the attachment and sale or sale without

recoverable from attachment of immovable property under these rules, exceeds the amount

sale proceeds of the cost deposited by the decree-holder under rule 96. Such excess shall

be deducted from the sale proceeds of the property sold or the moneys paid

by the defaulter, as the case may be, and the balance shall be made

available to the decree-holder

Receipt for Every person making a payment towards any money due for the recovery

payment of which application has been made under these rules shall be entitled to a

receipt for the amount signed by the Sale Officer or other officer empowered

by the Recovery Officer in that behalf, such receipt shall state the name of

the person making the payment and the subject matter in respect of which

the payment is made.

73 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 74

Investigation of (1) Where any claim is preferred to, or any objection is made in the

claims and attachment of, any property attached under these rules on the ground

objections to that such property is not liable to such attachment, the Sale Officer shall

attachment of investigate the claim or objection and dispose of it on the merits:

property Provided that no such investigation shall be made when the Sale Officer

considers that the claim or objection is frivolous.

(2) Where the property to which the claim or objection relates has been

advertised for sale, the Sale Officer may postpone the sale pending the

investigation of the claim or objection.

(3) Where a claim or an objection is preferred to the party against whom an

order is made may institute a suit within six months from the date of the

order to establish the right which he claims to the property in dispute

but, subject to the result of such suit, if any, order shall be conclusive.

(1) Any deficiency of price which may happen on a re-sale held under rule

Deficiency of 127 by reason of the purchaser's default and all expenses attending

price on re-sale such re-sale shall be certified by the Sale Officer to the Recovery Officer

recoverable from and shall, at the instance of either the decree holder or the defaulter be

defaulting recoverable from the defaulting purchaser under provisions of these

purchaser rules. The costs, if any, incidental to such recovery shall also be borne

by the defaulting purchaser.

(2) Where the property may on the second sale, sell for a higher price than

the first sale, the defaulting purchaser at the sale, shall have no claim

to the difference or increase.

Determination of Where any property has been attached in execution of a decree, but by

attachment reason of the decree-holder's default the Recovery Officer is unable to

proceed further with the application of execution, he shall either dismiss the

application or for any sufficient reason adjourn the proceedings to a future

date. Upon the dismissal of such application the attachment shall cease.

Ratable (1) Where the Sale Officer attaches or has attached under these rules, any

distribution of property not in the custody of any court, which is already under

assets attachment made in execution of a decree of any court, such court shall

receive and realise such property and shall determine claims thereto

and any objections to the attachment thereof:

Provided that where the property is under attachment in the execution

of decree of more courts than one, the court which shall receive or realize74 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 75 such property and shall determine any claim thereto and any objection to

the attachment thereof shall be the court of the highest grade, or where

there is no difference in grade between such courts, the court under whose

decree the property was first attached.

(2) Where assets are held by the Sale Officer and before the receipt of such

assets, demand notices in pursuance of applications for execution of

decree against the same defaulting have been received from more than

one decree-holder and the decree-holder have not obtained

satisfaction, the assets after deducting the costs of realisation, shall be

ratably distributed by the Sale Officer among all such decree-holders in

the manner provided in section 73 of the Code of Civil Procedure. 1908.

Death of Where a defaulter dies before the decree has been fully satisfied an

defaulter before application under rule 96 may be made against the legal representatives of

execution the deceased and thereupon all the provisions of these rules shall, save as

otherwise provided in this rule, apply as if such legal representatives were

the defaulter where decree is executed against such legal representative,

he shall be liable only to the extent of the property of the deceased which

has come to his hands and has not been duly disposed of; and for the

purpose of ascertaining such liability, the Recovery Officer executing the

decree may, of his own motion or on the application of the decree holder,

compel such legal representative to produce such accounts as he thinks fit.

All contributions made under sub-section (2) of Section 95, all fees paid

Contributions under subsection (3) of Section 113 shall be credited to the Administration.

and fees to be

credited to

Administration

Communication

of decision, 144 Communication of decision, award, etc.: - Any order, decision or award required to be communicated under the Regulation or these rules shall,

award, etc unless otherwise specifically provided in the Regulation or these rules, be

posted to the last address of the party as given by the party under intimation

to the society, with instructions to display a copy thereof on its notice board.

Agreement under 145 Agreement under section 131: -

section 131 An agreement under section 131 shall be in Form Q

The Union Territory Administration may, by general or special order, Power to exempt from rules exempt any co-operative society or any class of societies from any of the

provisions of these rules or may direct that such provisions shall apply to

such co-operative society or class of co-operative societies with such

modifications or conditions as may be specified in the order.

Removal of Doubt75 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 76 If any doubt arises in the interpretation of any of the provisions of these rules, the matter shall be referred to the Registrar of Cooperative Societies and the Registrar may, make order, not inconsistent with the provisions of the Regulation and these rules, for the purpose of removing the doubt.

Power to remove difficulties If any difficulty arises in giving affect to the provisions of this Rules, the Union Territory Administration may be notification publish in Official Gazette make such provision not inconsistent with the provisions of the Regulation as appear to it, to be necessary for removing the difficulties

Repeal and (1) The L M & A Islands Co-operative Societies Rules, 1961 and The L M&A

savings Islands Co-operative Societies (Conduct of Election of the Committee)

Rules,2008 are hereby repealed.

(2) Notwithstanding the said repeal anything done or any action taken under

any of the provisions of the rule so repealed shall, in so far as it is not

inconsistent with the provisions of these rules be deemed to have been

done or taken under the corresponding provisions of these rules.

By order and in the name of the Administrator

Sd/-

Secretary (Cooperation)

Place :.

Date :

The Registrar of Cooperative Socities, O/o the Registrar76 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 77

Place :. Date :

To The Registrar of Cooperative Societies, O/o the Registrar Department of Cooperation ………………………………..

Department of Coopertaion ………………………………..

We submit herewith a proposal for registration of the following society along We submit herewith a proposal for registration of the following society along with enclo- sures as indicated below. 2. We also declare that the information given herewith, including that in the enclosures, with enclosures as indicated below. is correct to the best of our knowledge:-

2. We also declare that the information given herewith, including that in the enclosures, is correct to the best of our knowledge:-

(1) Name of the proposed society*; :

(2) Address to be registered;

(3) Whether liability is limited or unlimited;

(5) Objects of the society;

(6) The amount of preliminary expenditure

incurred by the promoters till the date of

application, and estimate of expenditure

likely to be incurred by them thereafter with

a view to getting the society registered. :

(7) Language in which the books and accounts

(1) Name of the proposed society*; : (2) Address to be registered; : (3) Whether liability is limited or unlimited; : (4) Area of operation; : (5) Objects of the society; : (6) The amount of preliminary expenditure (4) Area of operation; incurred by the promoters till the date of application, and estimate of expenditure likely to be incurred by them thereafter with a view to getting the society registered. (7) Language in which the books and accounts of the society will be kept. :

of the society will be kept.

Footnotes:

* The name of the society should not have any reference to any caste or religious Footnotes: * The name of the society should not have any reference to any caste or religious 3. We are sending four copies of the proposed by-laws signed by the applicants (not less than 10).

Sr No	Full name	Whether individual or corporate body	Age	Nationalit y	Profe ssion	Place of Residence Island
1	2	3	4	5	6	7

Island	Amount subscribed to share capital	Whether signatory of the application is a member of his family	In the case of society, whether he is a member of the committee of that society	Remarks
8	9	10	11	12

Name and address of the person to whom correspondence regarding registration or otherwise should be addressed:-

8 9 10 11 12 THE LAKSHADWEEP GAZETTE EXTRAORDINARY 78

Name and address of the person to whom correspondence regarding registration or otherwise should be addressed:-

Signature

1. Chief Promotor……………………… 6. …………………………… 77 | 99 P a g e

2. ……………………………………… 7. ……………………………

3. ………………………………………. 8. ……………………………

4. ……………………………………… 9……………………………

5. ……………………………………… 10. ……………………………

Note :

(1) In the case of a representative of society, a copy of the resolution of the committee of that society authorising him to sign on its behalf this application and by-laws should be enclosed with this application.

(2) In the case of a corporate body, representative status of the signatory on behalf of the corporate body should be indicated.

(3) The expression "Member of family" means a wife, husband, father, mother, grandfather, grand-mother, step-father, step-mother, son, daughter, step-son, step- daughter, grand-son, grand-daughter, brother, sister, half-brother, half-sister, and wife of brother or half brother.

Enclosures:-

(1) Bank balance certificate.

(2) List of persons who have contributed to the share capital together withthe amount contributed by each of them and the entrance fee to be paid by them.

(3) The scheme showing the details as to how the working of the society will be economically sound, and where the scheme envisages the holding of immovable property by the society, giving escription of immovable property proposed to be purchased, acquired or transferred to the society.

*(4) A copy of the resolution authorising a member of the committee of the registered society to sign the application on behalf of the society.

**(5) A copy of the document authorising any person to sign the application on its behalf issued by a firm, company or other corporate body, a society registered under the Societies Registration Act, 1860 or a public trust registered under any law for the time being in force relating to registration of public trusts.

Sent by registered post on...................................................../Delivered by hand by ................................................................................ to/in the office of the Registrar ………………………..

(Chief Promoter)

Received by registered post/hand delivery on ............... by ..................... office of the Registrar

Registrar/Registrar, Entered in the register of registration proposals at Serial No .....

78 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 79

……………………………………

(Signature of the officer receiving the application)

Footnotes:

* To be forwarded when any member of the society to be registered is itself a registered society

** To be forwarded when any member of the society to be registered is a firm, company or other corporate body, a society registered under the Societies Registration Act, 1860 or a public trust registered under any law for the time being in force relating to registration of public trusts.

Received Registration proposal No .................... on ................................ for the registration of...................................................... Society from the Chief Promoter Shri ................................................................

Place :

Date :

Date of Receipt

Serial No.

Name of the proposed society

Place village and Island

Date of acknow ledgementHow received (by post/ hand delivery) 79 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 80

Serial No.	Name of the proposed society	Place village and Island	Sub- division	Date of Receipt	Date of acknow ledgement	How received (by post/ hand delivery)
1 79 \| 99 P a g e	2	3	4	5	6	7
No. and date on which additional information is called	Prescribed date by which information is called	Date on which information received	No. and date of registrat ion	No. and date of of order under which registration is refused	Initial of the officer authorised by Registrar to keep the register	Remarks
8	9	10	11	12	13	14

THE LAKSHADWEEP GAZETTE EXTRAORDINARY 81

I do hereby certify in exercise of the powers conferred on me under Section 9(4) of the Lakshadweep Cooperative Societies regulation 2022 (No.4 of 2022), that the ………………………………Cooperative Society…….in………. island/ Union Territory of Lakshadweep is registered by me to-day as a Cooperative Society under the said Regulation. On the basis of limited liability and that the bye laws of the aforesaid are also hereby registered under the said section.

Name of Cooperative Society :

No of the registration :

Address of Society :

Date of Registration :

A copy of the bye law of the society as registered and attested by me is appended to this certificate

Place

Date

Registrar of Cooperative Societies81 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 82

I do hereby certify in exercise of the powers conferred on me under Section 9(4) of the Lakshadweep Cooperative Societies regulation 2022 (No.4 of 2022) and Lakshadweep Cooperative Societies Sub-Rule 6 of Rule 5, that the Original Registration Certificate of ………………………………Cooperative Society…….in………. island/ Union Territory of Lakshadweep was irrecoverably lost and it is certified that the registration details of said Cooperative Society are as, Name of Cooperative Society :

No of the registration :

Address of Society :

Date of Registration :

The certificate is issued on the basis of the details available in the Audit Certificate and records available in the office of the Registrar of Cooperative Societies Place

Date

Registrar of Cooperative SocietiesTHE LAKSHADWEEP GAZETTE EXTRAORDINARY 83

District ........

Registered Sr. No.	Full name and address of the society	Name of Island	Date of registrati on	File No.	Class of Society	Sub-class
1	2	3	4	5	6	7
Page No. and date of Government Gazette Notifying registration	Initial of Registra r	Date of winding up by the Registrar	Page No. and date of Governm ent Gazette wtfying winding up	No. and Date of cancellatio n	Initial of the officer authorise d by Registrar to keep the register	Remarks
8	9	10	11	12	13	14

THE LAKSHADWEEP GAZETTE EXTRAORDINARY 84

From

By Registered Post A.D.

The Registrar of Co-operative Societies

...................

Sir,

It appears to me that an amendment/amendment of the bye-laws of your society as indicated in the attached statement is/are necessary and that it/those is/are desirable in the interest of your society. I am to request you to consider this/these amendment/amendments in the interest of your society and to call upon you by this notice under rule 9(1) of the Lakshadweep Cooperative Societies Rules, 2023, to take necessary steps to make the amendments to the bylaws of your society within ... days from the date of receipt of this notice, failing which action will be taken as provided under Section 14. (1) of the Lakshadweep Cooperative Societies Regulation,2022.

Yours Faithfully

Registrar of Co-operative Societies, ………………………………………………………..

Statement accompanying notice under Rule 9(1)

Serial No.	The exact wording of existing by- laws	By-law as it would read after amendment	Exact wording of by-law, if it is a new one	Reasons why amendment is considered necessary

Registrar of Co-operative Societies,

………………………………………………………..

THE LAKSHADWEEP GAZETTE EXTRAORDINARY 85

The Registrar of Co-operative Societies

.............

In the special general meeting of............... Society.....ltd. ..............at...........Island called for the purpose of reconstruction of the society, the society approved a compromise/arrangement with its creditors and/or members on following lines:

(1) By reducing the claims of creditors;

(2) By reducing the value of the share capital;

(3) By re-valuation of assets;

(4) Any other issue.

A detailed scheme worked out on the above lines is enclosed with a copy of resolution passed by the special general meeting of the society referred to above.

We would request that the scheme of reconstruction of the society may please be d and orders issued to that effect.

Chairman/Member/Creditor/Liquidator

.........Society ltd.

THE LAKSHADWEEP GAZETTE EXTRAORDINARY 86

Form to be used by the eligible person for giving application for membership of a society under sub-section 27(2) of the Lakshadweep Cooperative Societies Regulation,2022.

The Chairman,

(through the Registrar, Co-operative Societies).

Sir.

I, the undersigned Shri/Smt ........................................... (Full name of the applicant), hereby apply for the membership of your society, I furnish below the following particulars about me:—

1. Full name beginning with Surname. 2. Address (Residential- with mobile number) 3. Occupation/Service/Business/Profession. 4. Address (Service/Business/Profession). 5. Age on date of application. 6. Class of membership applied for (associate, nominal, sympathizer or ordinary). 7. Nationality. 8. Amount of share money and entrance fee tendered with the application (cross cheque, pay order and Demand Draft).

9. Particulars of agricultural land/Non-agricultural land held by family as owner or as tenant (whatever it is applicable).

10. Particulars as to membership of other Cooperative Society/Societies, if any, together with information about outstanding dues or overdues, if any, in the society/societies.

11. Date of making application to the society and reason if any for not accepting the application by the society if known.

12. I undertake to furnish any other information as may be required under the bye- laws of the society.

I hereby state that I need the services of the society and further state that I have made myself aware of the provision of the bye-laws of the society, and I agree to be bound by them in all matters relating to my transactions with the society.

Name and signature Place : Date :

THE LAKSHADWEEP GAZETTE EXTRAORDINARY 87

Shri.............................. ....................................

Sir,

You are member of.........................................cooperative society ltd.,with sholder holder number..............As provided in section 31 of the Regulation it is the duty of every member of the society to to attend at least, one general body meeting within a consecutive period of five years and to utilise minimum level of services at least once in a period of five consecutive years as specified in the bye-laws no.... of the society,which read as,

"...................................................................................................................................... ........................."

As per record of the society, for the year ending 31st March......

(1) you have not attended any meeting of the general body from the year.......to ...........

(2) You have not utilise minimum level of services as per above bye-laws at least once in a period of five consecutive years,i.e from the year ............to ............

Therefore as provided in the above bye-laws you have been classified as non- active member of the society.You are hereby advised to obey by above provisions of Regulation and bye-laws.

If you will to obey above provisions shall have no right to vote.

On fulfilment of the above eligibility criteria you will be entitled to be re-classified as an active member.

If you want to appeal against this decision of the society ,you may appeal to the Registrar.............within a period of sixty days from the date of communication as provided in section 31.

Chairman/Manager/Chief Executive Officer .........Society ltd.

THE LAKSHADWEEP GAZETTE EXTRAORDINARY 88

[Section 43(1) of Lakshadweep Cooperative Societies Regulation,2022.] 1. Serial Number

2. Date of admission

3. Date of payment of entrance fee

4. Full name

5. Address

6. Occupation

7. Age on the date of admission

8. Full name and address of the person nominated by the member

9. Date of nomination

10. Date of cessation of membership

11. Reasons for cessation

12. Remarks

Date	Date of Application	Date of Allotment	Amount received	Number of shares held	Serial number of share certificates	Share holder number	name of Nominee	initials of authorised person of the society

Date

Date of Application

Date of Allotment

Amount received

Number of shares held

Serial number of share certificates

Share holder number

name of Nominee

initials of authorised person of the society

THE LAKSHADWEEP GAZETTE EXTRAORDINARY 89

I........................................................resident of.........................a member of more than one credit society, names of which are given below:

(1)

(2)

(3)

(4)

I do hereby declare as required by Rule 38 of the Lakshadweep Cooperative Societies Rules, 2023 that I shall borrow only from.......... ..........co-operative ltd./shall accept responsibility of a surety of only in ........... co-operative ltd

Place:

Name and Signature

Name and signature of witness:

THE LAKSHADWEEP GAZETTE EXTRAORDINARY 90

I...............................................(age........) residing at................. having been admitted to ......co-operative society Ltd., with limited/unlimited Liability and being desirous of borrowing/having borrowed loan from the society/ from the society before the dat be coming into force of the Lakshadweep Cooperative Societies Regulation,2022, make this declaration asrequired by section 53 of the Lakshadweep Cooperative Societies Regulation,2022, that I own land have interest in land specified in the schedule and I hereby create a charge on the said land interest in favour of the society for the payment of the amount of the loan which the society may make/has made and for all future advances, if any, which the society may make to me subject to the maximum, of amount of Rs.........togather with interest on such amount of the loan and advance.

Name of village	Name of Island	Name of sub-division	Survey Number		Boundaries South East North East
			City Survey plot number	City Survey plot hissa(part)	Area Acres Guatha
1	2	3	4	5	6
Nature of interest in land if any	Assessment Rupees	Approximate value	Encumbrance if any	Remarks if any
7	8	9	10	11

In witness whereof I, Shri... ..........hereunder set my hand this of................. in the year Two thousand two hundred and......... signed and delivered by the above............ name in the presence of

Attested by Applicant's Borrower's signature

Witness (1) ...................

(2) .................

Forwarded with compliments to the Village Officer with a request to include the particulars of the charge...............under the declaration in the Record of Rights and to return to the society for its record.

Chairman/Secretary

.......................Society.

90 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 91

Form of Requisition to call Special Meeting of the Committee to consider Motion of No Confidence

Place:

Date:

The Registrar of Co-operative Societies,

We, the undersigned members of the Managing Committee of the ...............

Society Limited, hereby request you under sub-section (2) of Section 67 of the Lakshadweep Cooperative Societies Regulation, 2022 to call a special meeting of the Managing Committee of the said Society to consider the motion of No Confidence against Shri/Smt………………… President/Vice President/Chairman/Vice Chairman/ Secretary /Treasurer/any other Officer of the said Society.

2. A copy of the motion proposed to be moved is enclosed.

3. The motion will be moved by Shri/Smt. .............................................

Names (Signatures)

and further if required.

91 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 92

Certificate regarding the result of the requisitioned special meeting of the Committee of .................................... Co-operative Society in respect of No Confidence motion

I. Shri/Smt........................... ..............................................................

Registrar of Co-operative Societies hereby certify that the requisitioned special meeting of the Managing Committee of…………………………………………………………….. Co-operative Society Limited took place/ (did not take place) on ....................... at ................................... hrs. The following resolution is carried in this meeting: -

This certificate is issued by me on.......................... at .............................

Presiding Officer ........................................................ Registrar of Co-operative Societies

Presiding Officer.

Registrar, Co-operative Societies,

..............................

THE LAKSHADWEEP GAZETTE EXTRAORDINARY 93

1. Name Age

Occupation Address

2. Name Age

l Disputants

Occupation Address

3. Name Age

Occupation Address

Versus

1. Name Age

Occupation Address

2. Name Age

Occupation Address

3. Name Age

Occupation Address

Particulars of the claim or the facts constituting the cause of action and when it arose.

The disputant/disputants prays/party as under:

In support of the above claim or relief sought I/We enclose documents and papers as per the list annexed hereto.

Date: Disputant/Disputants (Signed) I/We................disputant/disputants declare that the facts stated above are true to the best of my/our knowledge and belief.

(1)

(Signed)

(2)

Disputants

(3)

In the office of...................on ...................20

Note.-(1) In case there are more disputants or opponents their names, address, ages and occupations should be mentioned.

(2) In disputes relating to monetary claims, the precise amounts claimed should be stated, and where this can not be exactly ascertained the approximate amount claimed, should be stated.

(3) When a society is a disputant a copy of the solutions of its committee or Board of Directors shall accompany application.

THE LAKSHADWEEP GAZETTE EXTRAORDINARY 94

In the case of immovable Property:

Whereas in execution of the award or award passed under section... ....or an order or orders made by a Liquidator under Section.............of the ......................................................in favour of the ...........day of..........20......,for sale of the under mentioned property of the person or persons (defaulter or defaulters) and whereas the Court or the Collector or the Registrar is satisfied that the sid property cannot be sold for want for buyers.

It is hereby ordered under Section 105 of the said Regulation that the right title and interest of the defaulter shall vest in the said society and shall be delivered to the society subject to the terms and conditions laid down in the Schedule hereto annexed.

Survey No.	Area and assessment	Nature of right title and interest of the defaulter	Details of encumbrances to which property is subject

The said property is transferred to the society in full/partial satisfaction of the amount due to it from the defaulter.

Given under my hand and seal of the Court or Collector or the Registrar this..................day of 20...............

Court or Collector or Registrar In the case of movable property:

(The form will be similar with necessary changes as regards the description and the delivery of the property).

THE LAKSHADWEEP GAZETTE EXTRAORDINARY 95

.........................MONTH

Sr N o	Name of Director/Com mittee member	Post	Name of Family member of committe e member	Name of Company /firm/concer n in which committee member or his family member is associated in any way	Relation with the committe e member	Amou nt of loan taken	Date of sanctione d
1	2	3	4	5	6	7	8
Amount outstanding		Whether the person who had availed the loan is permitted to avail loan as per guidelines of RBI/RCS/NABA RD		Overdue Amount	Action taken to recover the overdue amount	Remarks
9		10		11	12

95 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 96

1. Name of Society: 2. Date of winding up other: 3. Quarter ending:

		Ruees
A.	Opening Cash Balance:
	(1) on hand (2) in Bank
B	Realizations during quarter: (1) Loan recovered (2) Investment called in (3) sale of dead stocked etc (4) miscellaneous Total Cash
C	Paid out during quarter: (1) loans repaid with interest- (a) government (b) others (2) deposits repaid with interests (3) salaries and other outstanding debts of the society (4) expenses of liquidation (5) legal expenses (6) miscellaneous Total Cash Balance.. (1) on hand (2) in Bank
D	Remaining assets: (1) loans outstanding (2) investments (3) value of dead stock etc. (4) miscellaneous Total
E	Remaining liabilities: (1) deposits repayable (2) loans repayable (a) Government (b) Others (c) salaries (d) miscellaneous debts
	ADDITIONAL INFORMATION Name of the Liquidator: 1. Total Liabilities on the date of winding up: D eposits:
	1. Members 2. Non-members 3. Societies 4. State Co-operative Bank Ltd. 5. Central financing Agency 6. Miscellaneous Total 2. Total recoveries upto the end of previous Quarter 1. Principal 2.Interest 3. Liquidation charges Total 3. Balance of assets to be recovered 4. Balance of liabilities to be paid 5. Whether orders are passed in all cases. If not how many are remaining? Reasons why no orders are passed.

96 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 97

Dated:.................. 20.....

Forwarded with compliments to the Registrar,Co-operative Societies.

Liquidator

Co-operative Societies97 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 98

This agreement is made ..........................day of.................20....between...................s/o...........of.......Village.........P.O.Island.......(he reinafter called the "applicant" which expression shall unless repugnant to the context or meaning thereof include his heirs,executors,administrators and assigns) of the one part and ....................Co-operative Farming Society Limited (hereinafter called the "Society" which expression shall unless repugnant to the context or meaning thereof include his heirs,executors,administrators and assigns) of the other part.

Whereas the applicant has applied for the membership of the society and where as the society has agreed to admit the applicant as a member of the society subject to rules and bye-laws of the society and on the terms and conditions hereinafter contained.

IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES here to as follows:

1. The applicant hereby agrees to place at the disposal of and handover to the society the pieces or parcels of the land in possession of the applicant and described in the Schedule hereunder written. For a period of five years from the date hereto for the purpose of joint farming by the society and has accordingly handed over possession of the said pieces or parcels of land described in the Schedule hereunder written to the society for the said purpose.

2. The applicant hereby appoints the said... .......Co-operative Farming Socie Limited as his agent and attorney and authorises it to mortgage the applicant's said pieces or parcels of land or any of them along with the land of other member or members of the society or otherwise to secure repayment of any loan or loans that may be raised by as the society may deem fit and for the purpose to execute the necessary deed of mortgage provided, however, that neither the applicant personally nor any of his other property outside the pool shall be liable for payment of any amount payable under the said mortgage deed or other documents except to the extent to which the applicant may be liable as a member of the society. AND it is hereby further agreed and declared that the appointment of the society as the agent and attorney of the applicant and the authority conveyed on the society to mortgage the applicant's land aforesaid is irrevocable as long as the applicant continues to be a member of te society.

3. In the event of the applicant ceasing to be a member of the society or on the expiry of the said period of five years the applicant shall accept such pieces or parcels of land which the society may offer to the applicant if the society for any reasons whatsoever considers it undesirable to return member's said pieces or parcels of land or any of them provided however that the land offered by the society shall have equivalent productivity as the land belonging to the applicant and retained by society had at the time of joining the society. If the lands retained are subject to any encumbrances created prior to pooling the value of the lands offered by the society to be applicant shall be reduced by the amount payable on the outstanding encumbrances and the society will clear the said encumbrances.

4 If the applicant on ceasing to be a member of on the expiry of the said period of five years desires payment in cash in respect of the said pieces or parcels described in de Schedule hereunder or any of them or in respect of land retained by the society and98 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 99 alien of which land of equivalent productivity is offered by the society is agreeable to make such payment, the society shall pay to the applicant such amount as may be greed to between the applicant and the society in respect of the said land less any aunt that may be payable by the applicant in respect of any outstanding encumberances created on the applicant in respect of any outstanding encumbrances created on the said land prior to pooling and the applicant shall on such payment execute the necessary conveyances transfer deeds or other assurances for conveying the transfer of such lands to the society or its nominees.The society shall then pay off the encumbrance.

5.In the event of the society offering land belonging to the applicant the applicant dall execute the necessary conveyances, transfer deeds or other assurances for onveying and transferring the land retained by the society to the society or its aminee and the society shall execute or get executed by the owner or owners of the hed offered to the applicant, the necessary conveyances, transfer deeds or other for conveying and transferring the said land to the applicant

6. As long as the applicant is a member of the society, the society shall pay to the Assurances such return as may become payable under the bye-laws and the applicant all also be entitled to all other rights and privileges as may be provided in the bye- plicant s of the society.

7. The applicant hereby further agrees to pay such compensation as may be dermined by the General Body of the Society for improvements effected on the said lands described in the Schedule or any of them if the applicant is given back the said inds described in the schedule or any of them provided however that such compensation shall be payable only in respect of the land of which possession is handed back to the applicant. The productivity of any land and the value of provements effected on the land of a member shall be calculated in accordance with the provisions made there for in the bye-laws of the society.

8. If any dispute or difference shall arise between the parties hereto touching this agreement or the construction or operation thereof or the rights, duties, or liabilities of her party accrued hereunder, such dispute or difference shall be decided in cordance with the provisions contained in the Co-operative Societies Act under ich the society is registered or any other modification of re-enactment thereof.

In witness whereof the said......... ...... has hereunto set his hand and.. ....behalf of the Co-operative Farming Society Limited set his hand the day and the year first above written.

Schedule above reffered.

Signed by the said.................................in presence of

1. 2. Signed by the said...................on behalf of.............Cooperative Farming Society Limited in the presence of.

99 | 99 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 100

1. Definition: - In this schedule, unless the context otherwise requires.

(1) "Asst. Returning Officer" means a Govt. official appointed by the Cooperative Election Officer to assist the Returning Officer/ Assistant Cooperative Election Officer in conducting election.

(2) "Ballot box" means a box provided for the purpose of dropping ballot paper after casting vote by voters.

(3) "Ballot paper" means a paper provided to voter for casting his/her vote containing names of contesting candidates with symbol.

(4) "Presiding Officer / Polling Officer" means a Govt. official appointed by the Returning Officer/ Assistant Cooperative Election Officer to be in charge of polling booth.

(5) "Returning Officer/ Assistant Cooperative Election Officer" means a Govt official appointed by the Cooperative Election Officer for the purpose of conducting election to the Committee, who shall not be below the rank of Group B Gazetted of Union Territory Administration of Lakshadweep.

(6) "Term" means term of the committee of Cooperative Societies

(7) "Voter" means a member of Society who is eligible to vote in the election to the Committee of the Society.

2. (1) The Administrator shall appoint a Co-operative Election Officer, an officer of Lakshadweep Administration to function as Co-operative Election Authority as per sub-section (3) of section 68 of Lakshadweep Co-operative Societies Regulation, 2022 and rule 47 of Lakshadweep Cooperative Societies Rules, 2023

(2) The Co-operative Election Authority shall have power of superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of election of members to the committee/board of all Societies registered under the Regulation.

3 The Administrator may appoint any employee of the Lakshadweep Administration as a Secretary to the Co-operative Election Authority, to assist the Co-operative Election Officer for smooth conduct of the election of members to the Committee/board of all societies as per sub-section (4) of section 68 of Lakshadweep Cooperative Society Regulation, 2022.

4 The election programme of members of committee/board may be framed in such a way that all or any months of June, July, August and September shall beexcluded in case of a society with area of operation of more than one island. 1 | 46 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 101 5 Appointment of Returning Officers, Assistant Returning Officers and such other Officers required to conduct the elections: - (1). The Cooperative Election Officer may, appoint a Returning Officer and as many Asst. Returning Officers as may be necessary, for the conduct of the election to the members of Committee/board.

(2). The Returning Officer shall take necessary steps to conduct the election and the secretary of the society shall render all necessary assistance to the Returning Officer for conducting election and constitution of the new committee of the Society.

(3). Every Assistant Returning Officer, shall, subject to the control of the Returning Officer, be competent to perform all or any of the functions of the Returning Officer:

Provided that no Assistant Returning Officer, shall perform any of the functions of the Returning Officer which relate to the scrutiny of nominations unless the Returning Officer is unavoidably prevented from performing the said function. Such Returning Officer and other election officials shall not be a candidate or a proposer or seconder for any candidate to be elected as member of the committee.

6 Procedure for conduct of election to the committee of societies. — (1) The Chairperson and the Chief Executive/Manager/Secretary of the society shall inform the Authority at least 75 days prior to the expiry of the term of the committee, to conduct elections within time and a copy of this information shall also be sent to the Registrar of Co-operative Societies.

(2) Within a period of one month from the date of receipt of such information under sub-rule (1), the Authority shall notify the election programme, including the election to the members of the committee and subsequent elections to the posts of office bearers of the society.

(3) Where other co-operative societies are members, the Returning Officer shall call on such societies to send the name of their any office bearer or duly authorised member of the committee/board of such co-operative society as representative (hereinafter referred to as the delegate) in accordance with the provisions of the Regulation together with the resolution of the committee/board of the society and the specimen signature of the delegate, duly attested and bearing the seal of the society within such period as may be decided by the Returning Officer.

7 Finalisation of Voters list: - (1). The Society shall provide a list of members qualified to vote as per Regulation, rules and as per bye-laws of the society to the Returning Officer.

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(2). The Returning Officer shall immediately publish the voter list by affixing them on the notice board at the office of the society and its branches if any, inviting objections if any in the matter within 5 days of publication.

(3). If any objection relating to voter list received within 5 days of such publication, Returning Officer shall decide such objection and correct the voters list by addition/deletion or amendment in the voters list of members after giving due opportunity of hearing to the concerned voters/members and after considering the material or evidence in the matter before him and shall prepare and publish a final list (voters list) of eligible voters of the society within 7 days from the day of members list received from the society.

(4). The list shall be exhibited on the notice board of the society to enable any member to see it during office hours. The Returning Officer shall send a copy of final voter's list immediately to Cooperative Election Officer/ Registrar of Co-operative Societies and to the society.

(5). The voters list shall be in the local language. The list shall specify the serial number, membership number, name of the member, father's / husband's name and address of the members in respect of individual members. Whereas in case society members, in addition to above name of society and name of its representative should be included in the voters list.

(6). A copy of the voter list shall be supplied to any member of society on payment of such fee as prescribed by the societies and such relevant extract of list as per request shall be supplied by the societies within 5 days.

8 Appointment of dates, etc., for various stages of an election. — (1) The Returning Officer shall, with the prior approval of the Co-operative Election Authority/Cooperative Election Officer, draw and declare a notice of various stages of election programme.

(2) Returning Officer shall give intimation in Form 1 regarding the details of election to the members of the society by publishing such details in local publications, if available, in the island.

(3) A copy of the intimation shall also be published on the notice board of the Co-operative Election Authority, Registrar of Co-operative Societies, and the head office and branches, if any, of the Society.

(4) The intimation shall contain the following particulars: -

(a)	The number of vacancies to be filled by election.
(b)	The date, time, and the place (s) at which the final voters list shall be published. (This list should be published before 45 days prior to the date fixed for election.)
(c)	The date, time and the place at which nomination papers shall be issued to candidates.
(d)	The date, time, and the place at which the filled nomination can be filed by the contesting candidates or their proposers.
(e)	The date, time and the place at which nomination papers will be scrutinized.
(f)	The date, time, and the place of publishing of accepted nomination papers.
(g)	The last date and time for withdrawal of nominations.
(h)	The date, time, and the place(s) at which polling, if necessary, will takes place.
(i)	The date, place and time of taking up counting of votes

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Explanation: — (1) If the last date in reckoning dates as specified in the above cases is a public holiday, the next succeeding working day shall be fixed for the respective events.

(2) The proportion of polling stations to the number of voters at each polling station and the place of polling station shall be fixed by the Returning Officer.

9 Nomination of candidates. — (1) Nomination of the candidate for election shall be made in Form2, which shall be supplied on request, by the Returning Officer or any other officer authorised by him in this behalf, to any member of the society free of cost.

(2) Every nomination Form shall be signed by two members whose names are included in the list of the members or delegates and one of the members shall sign the Form as proposer and the other as seconder for the nomination and the nomination Form shall also contain a declaration signed by the candidate, expressing his willingness to contest the election.

(3) Nomination Form may be presented in person by the candidate himself to the Returning Officer or by any person authorised by him in this behalf, before the date and time specified for submission of nomination Form as per the election programme and the Returning Officer or any other officer authorised by him, who receives the nomination Form, shall enter on the nomination Form its serial number and certify the date and time at which the nomination Form has been received by him and shall immediately give a written acknowledgement for the receipt of such nomination Form, in Form 3 which shall also bear the seal of the society.

(4) The Returning Officer shall, at the close of the time fixed for the receipt of nomination Forms, prepare and display on the notice board of the society, a list of nominations received by him and any nomination Form submitted after the date and time fixed for its receipt, shall be rejected.

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(1) No person shall be nominated as a candidate for election to fill a seat on the committee/board if he—

(a) is ineligible to vote;

(b) is not qualified or is disqualified to be the member of a society or a member of the committee/board under the provisions of the Regulation and the rules made thereunder or bye-laws of the society;

and

(c) does not possess the necessary qualifications specified in the bye- laws of the society for election as member of the board.

Provided that the Returning Officer shall permit any clerical or technical error in the nomination paper in regard to the said name or number to be corrected in order to bring them into conformity with the corresponding entries in the list of voters and where necessary, clerical or printing error in the said entries shall be overlooked.

Provided further that, where the seats are reserved on the board of directors/committee of any society as provided under sub-section (3) of section 65 of the Regulation and Rule 45, an individual belonging to the category specified in said sub-section (3) of section 65 of the Regulation and Rule 45 shall be eligible for being nominated as candidate if his name appears in the list of voters, a candidate shall not be deemed to be qualified to be chosen to fill that seat unless his nomination paper contains a declaration by him specifying the particulars of reservation category.

(2) Every eligible member can contest in any one category only. If a candidate is contesting against reserved seat. His/her shall submit a declaration duly filled in Form 4.

(3) The list of candidates who have filed nomination, received up to the scheduled time for this purpose shall be published in the notice board of the Society in Form 5 every day.

11 Scrutiny of nomination papers. — (1) On the day fixed for the scrutiny of nomination papers, —

(a) the Returning Officer shall, at the appointed hours, take up the scrutiny of nomination Forms and the candidate or the proposer or seconder of each of the candidates may be present at the time and place when nomination papers are scrutinised;

(b) the Returning Officer shall examine the nomination Forms and shall decide all objections which may be to any nomination Form and may either on such objection or on his own motion, after such summary inquiry, if any, as he thinks necessary, reject any nomination on any ground as per rule 10 above.

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Provided that the nomination of a candidate shall not be rejected 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; if the identity of the candidate, proposer or seconder, as the case may be, is established beyond reasonable doubt.

(2) Nothing contained in clause(b) of sub-rule (1) shall be deemed to authorise the rejection of nomination of any candidate on the ground of any irregularity in respect of a nomination Form, if the candidate has been duly nominated by means of another nomination Form in respect of which no irregularity has been committed.

(3) the Returning Officer shall not allow any adjournment of the proceedings except when proceedings are interrupted or obstructed by a riot or affray or by any other cause beyond his control:

Provided that, in case any objection is raised by the returning officer or is made by any other person the candidate concern may be allowed time to rebut it not later than the next day and the returning officer shall record his decision on the date to which the proceedings have been adjourned.

(4) The Returning Officer shall endorse on each nomination Form his decision of 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.

12 Publication of list of valid nominations. — (1). Immediately after all the nomination papers have been scrutinized and decision accepting or rejecting the same has been recorded, the Returning Officer shall prepare a list of candidates whose nominations have been accepted or rejected.

(2). The names of candidates along with address and names of proposers as given in the nomination papers which were found valid by Returning Officer shall be published on the notice board of the society in English alphabetical order immediately on completion of the scrutiny in Form 6.

13 Withdrawal of the candidature: - Any candidate may withdraw his candidature by notice in writing signed by him and delivered in person or by the person duly authorised by him at any time after the presentation of the nomination Form, but before the date and time specified in the election programme for such withdrawal in Form 7 and the notice for withdrawal of candidature given by the candidate shall be irrevocable.

14 Preparation of final list of contesting candidates. — On the day next succeeding the last date fixed for withdrawal of candidature, the Returning6 | 46 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 106 Officer shall prepare and publish in Form 8 a list of contesting candidates on the notice board of the society. The said list shall contain the names in alphabetical order with reference to the surnames of the candidates having surnames and in respect of candidates not having surnames, in the alphabetical order with reference to their first names, in the language in which the list of voters is prepared and the addresses of the contesting candidates as given in the nomination papers.

15 Uncontested elections. (1) If, after the expiry of the period within which candidatures may be withdrawn under rule 13 in this schedule, the number of candidates in the society whose nominations have been accepted are equal to or less than the number of seats to be filled, the Returning Officer shall forthwith declare such candidate or all such candidates to be duly elected to fill the seat or the relevant number of seats, as the case may be, and shall complete and certify the declaration in Form 9.

(2) The Returning Officer may make announcement to this effect on the date fixed for the polling, if no schedule is fixed by Co-operative Election Authority/Cooperative Election Officer for this purpose.

16 Allotment of symbol: - (1). Where a poll becomes necessary, the Returning Officer shall consider the choice of symbols and shall allot a different symbol to each contesting candidate in conformity, as far as practicable, with his choice; and if more than one contesting candidate have indicated their preference for the same symbol, decide by lot and such allotment shall be final.

(2) Every candidate shall forthwith be informed of the symbol allotted to him and be supplied with a specimen thereof by the Returning Officer.

(3) Symbols of any political parties or its identical shall not be allotted to any candidate.

(4) The Returning Officer shall prepare and publish in Form 10 a list of contesting candidates after allotting symbol.

17 Conduct of election: - (1). If the number of candidates for any Committee of any Society exceed the number of the candidates to be elected, the Returning Officer shall arrange for taking a poll on the date fixed for the purpose.

(2). The Returning Officer may arrange to open polling booth. He shall arrange for all required material for voting like, ballot boxes, ballot papers and such other election materials as, may be necessary, for the conduct of election.

The Returning Officer may appoint Presiding, Polling and Counting Officers from among the Government/PSU/PSE Officials.

(3). If at any stage of the polling, the proceedings are interrupted or obstructed by any cause which is beyond the control of the Returning Officer, he shall have the power to stop polling, recording the reasons for the same in writing and shall report immediately to Cooperative Election Authority/ Cooperative Election Officer for further action.

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18 Polling stations. — The Returning Officer shall, if necessary, provide a sufficient number of polling stations for any society for which election is to be held and shall publish on the notice board of the society and in such other manner as he deems fit, a list showing the polling stations so provided and the polling areas for which they have respectively been provided.

19 Appointment of Presiding Officers and Polling Officers; — (1) The Returning Officer shall appoint a Presiding Officer for each polling station and such polling officer or officers as he thinks necessary, but shall not appoint any person who has been employed by the concerned society or on behalf of, or has been otherwise working for a candidate in or about the election:

Provided that, if a polling officer is absent from the polling station, the Presiding Officer may appoint any person who is present at the polling station, other than a person who has been employed by the concerned society or on behalf of, or who has been otherwise working for a candidate in or about the election, to be the Polling Officer during the absence of such officer, and shall inform the Returning Officer accordingly.

(2) A Polling Officer shall, if so, directed by the Presiding Officer, perform all or any of the functions of a Presiding Officer under these rules.

(3) If the Presiding Officer, owing to illness or otherwise or due to unavoidable cause, is absent from the polling station, his functions shall be performed by such polling officer as has been previously authorised by the Presiding Officer, to perform such functions during his absence.

20 General duty of Presiding Officer and Polling Officer; — (1) It shall be the general duty of the Presiding Officer at a polling station to keep law and order and to see that the poll is fairly taken.

(2) It shall be the duty of the Polling Officers at a polling station to assist the Presiding Officer for the performance of his functions.

(3) The Presiding Officer, Polling Officer, Returning Officer, Assistant Returning Officers and other persons appointed for any of the purposes of these rules shall work under the general guidance, superintendence and control of the Co- operative Election Authority/Co-operative Election Officer.

21 Appointment of Polling Agent; - (1). At an election at which a poll is to be taken, any contesting candidate may appoint one agent and one relief agent to act as polling agents whose name is there in the final voter list of such candidate, at each polling station.

(2) Such appointment shall be made by a letter in writing in Form 11 signed by the candidate. The candidate shall deliver the letter of appointment to the polling agents who shall, on the date fixed for the poll, present it to and sign the declaration contained therein, before the Presiding Officer.

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(3) The Presiding Officer shall retain the letter presented to him in his custody. The polling agent shall not be allowed to perform any duty at the polling station unless he has complied with the provisions of this rule.

22 Appointment of Counting Agent; - (1). Each contesting candidate may appoint not more than two agents to act as counting agents whose name in there in the final voter list of such candidate by a letter in writing in duplicate in Form 12 signed by the candidates.

(2) Before the previous date for commencement of the counting of votes, the candidate shall give notice of the appointment of such counting agents along with passport size photo to the Returning Officer by forwarding to such Officer the letter of appointment. The candidate shall also deliver the duplicate copy of the letter of appointment to the counting agent who shall, on the date fixed for the counting of votes, present it to, and sign the declaration contained therein before the Returning Officer.

(3) The Returning Officer shall retain the duplicate copy presented to him in his custody. No counting agent shall be allowed to perform any duty at the place fixed for the counting of votes, unless he has complied with these provisions.

23 Manner of voting at elections. (1). At every election where a poll is taken, voting shall be by secret ballot in the manner hereinafter provided and no voting shall be allowed by proxy vote.

(2) The Returning Officer shall brief all the Presiding Officers / Polling Officers before the date of election and distribute election materials to such Presiding Officer / Polling Officers and direct them in writing to the respective polling booth for conduct of election under his supervision.

24 Form of ballot paper. Every ballot box shall be of such design as may be approved by the Returning Officer/ Assistant Election Officer. For the preparation of ballot paper, the names of candidates shall be arranged in the same order and in which they appear in the final list of contesting candidates in Form 13. However, if two or more candidates bear the same name, they shall be distinguished by addition of their occupation or residence or in some other manner which should be determined by the Returning Officer.

25 Arrangement at polling stations. (1) Outside each polling station, there shall be a notice specifying the polling area, the voters of which are entitled to vote at the polling station and where the polling station has more than one polling booth, at each of such booth, the description of the polling area of such booth, and a copy of the final list of contesting candidates.

(2) At each polling station, there shall be set up, one or more voting compartments, duly screened, in which the voters can record their votes with secrecy.

(3) The Returning Officer shall provide at each polling station a sufficient number of ballot boxes, ballot papers, copies of the list of voters in respect of the polling9 | 46 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 109 area or areas the voters of which are entitled to vote at such polling station, instruments for stamping the distinguished mark on ballot papers and articles necessary for the voters to mark the ballot papers. The Returning Officer shall also provide at each polling station such other equipment and accessories as may be required for taking the poll at such polling station.

26 Admission to polling station. The Presiding Officer shall regulate the number of voters to be admitted at any one time inside the polling station and shall exclude there from all persons other than, Polling Officers, public servants on duty in connection with the election, persons authorised by the Registrar of Co- operative Societies, Co-operative Election Officer, Returning Officer/ Assistant Election Officer and their polling agents and subject to the provisions of rule 21 in this schedule, one polling agent of each candidate, a child in arms accompanying a voter, a person accompanying a blind or infirm voter who cannot move without help, such other persons as the Returning Officer or the Presiding Officer may employ for the purpose of identifying the voter.

27 The preparation of ballot boxes for poll; - (1). Immediately before the commencement of the poll, the Presiding Officer shall demonstrate to the polling agents and other persons present that the ballot box is empty and bears the labels.

(2) The ballot box shall then be closed, sealed and secured and placed in full view of the Presiding Officer and the polling agents and shall then lock it up and affix his seal up on it in such manner as to prevent its being opened without breaking the seal and where a paper seal is used for securing a ballot box, the Presiding Officer shall affix his own signature on the paper seal and obtain thereon the signatures of such of the polling agents present and are desirous of affixing the same.

(3) The Presiding Officer shall there after fix the paper seal so signed in the space meant there for in the ballot box and shall then secure and seal the box in such manner that the slit for the insertion of ballot paper remains open. The seal used to secure a ballot box shall be affixed in such manner that after the box has been closed, it is not possible to open it without breaking the seal. Where it is not necessary to use paper seal for securing the ballot box, the Presiding Officer shall secure and seal the ballot box in such manner that the slit for the insertion of ballot paper remains open and shall allow the polling agents present to affix, if they so desire, their seals.

(4) Every ballot box used at a polling station shall bear the seal, both inside and outside, marked with the serial number, if any, and the name of society, the serial number and the name of the polling station, the serial number of the ballot box to be filled in at the end of the poll on the label outside the ballot box only, and the date of poll.

(5) The ballot papers shall bear serial number, seal of the Society and signature of the Presiding Officer, and shall contain a symbol against the name of each10 | 46 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 110 contesting candidate for the voter to inscribe the mark "x" to whom the voter desired to elect.

28 Identification of voters: - (1). The Presiding Officer may employ at the polling station such persons as he thinks fit to help in the identification of the voters or to assist him at the time of taking poll. As each voter enters the polling station, the Presiding Officer or the polling officer authorised by him in this behalf, shall check the voter's name and other particulars with the relevant entry in the list of voters and then call out the serial number, name and other particulars of the voter. In deciding the right of a person to obtain a ballot paper, the polling officer shall issue ballot paper after ascertaining genuineness of the member concerned mentioned in the voters list.

(2) In case of doubt, Presiding Officer may ask member to produce identification proof for issuing ballot papers. On satisfaction, the Polling Officer shall immediately issue ballot paper. Each polling booth shall contain a separate compartment to maintain secrecy of the voting in the election.

29 Challenging of identity. (1). Any polling agent may challenge the identity of a person to be a particular voter by depositing a sum of Rs. l0/- in cash with the Presiding Officer for each such challenge.

(2) On such deposit being made by the polling agent, the Presiding Officer shall warn the person challenged of the penalty for personation; read the relevant entry in the list of voters in full and ask the person challenged whether he is the person referred to in that entry; enter the name and address of the person challenged in the list of challenged voters in Form 14 and require the person challenged to affix his signature in the said list

(3) The Presiding Officer shall, thereafter, hold a summary inquiry into the allegations and may, for that purpose require the challenger to adduce evidence in proof of the challenge and the person challenged to adduce evidence in proof of his identity; put to the person challenged any question necessary for the purpose of establishing his identity and require him to answer them on oath; and administer an oath to the person challenged and any other person offering to give evidence.

(4) If, after the enquiry, the Presiding Officer is of the opinion that the challenge has not been established, he shall allow the person challenged to vote, and if he considers that the challenge has been established, he shall debar the person challenged from voting.

(5) If, the Presiding Officer is of the opinion that the challenge is frivolous or has not been made in good faith, and he shall direct that the deposit made be forfeited to the Co-operative Societies Election Fund and in the other case, he shall return it to the challenger at the conclusion of the enquiry.

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30 Safeguard against personation. (1) With a view to prevent the personation of voters, every voter about whose identity the Presiding Officer or the polling officer, as the case may be, is satisfied, shall allow his left thumb to be inspected by the Presiding Officer or the polling officer and an indelible ink mark to be put on it.

(2) If any voter refuses to allow his left thumb to be inspected or marked in accordance with this rule or has already such a mark on his left thumb or does any act with a view to removing the ink mark, he shall not be supplied with any ballot paper or allowed to vote.

(3) Any reference in this rule to the left thumb of a voter, shall, in the case, where the voter has his left thumb missing be construed as a reference to any other finger of his left hand and shall, in the case where all the fingers of his left hand are missing, be construed as a reference to the thumb or any other finger of his right hand, and shall in the case where all his fingers of both the hands are missing, be construed as reference to such extremity of his left or right arm as he possesses.

31 Issue of ballot paper. (1). No ballot paper shall be issued to any voter before or after the timings fixed for the poll, except to those voters, who are present at the polling station at the time of the closing of the poll. Such voters shall be allowed to record their votes even after the poll hours close.

(2) Every ballot paper shall, before issue to a voter, be stamped with such distinguishing mark as the Assistant Election Officer may direct, and signed in full in its back by the Presiding Officer.

(3) No person in the polling station shall note down the serial numbers of the ballot papers issued to particular voters.

(4) On receiving ballot paper, a voter shall forthwith proceed to the polling compartment, make the mark 'x' or affix the seal provided for the purpose on the symbol on the ballot paper against the name of candidates for whom he desires to vote and put the ballot paper in the ballot box with utmost secrecy.

If owing to blindness or other physical infirmity or illiteracy a member is unable to inscribe the mark 'x' or affix the seal as the case may be, on the ballot paper, another person authorized by such member shall be permitted to inscribe the mark 'x' or affix the seal as the case may be against the symbol of the candidates in whose favour the handicapped members desire to vote with the permission of Presiding Officer.

(5) No voter shall be admitted to the polling booth after the hours fixed for the vote.

The Returning Officer shall arrange to issue token / slips to those voters who are in the queue before the time fixed for closing the poll. Such voters for whom the token / slip have been issued shall also be issued ballot paper and allowed them to vote. No voter shall be allowed to enter a polling compartment when another voter is inside it.

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(6). If at any stage of the polling, the proceedings are interrupted or obstructed by any cause which is beyond the control of the Returning Officer, he shall have the power to stop polling, recording the reasons for the same in writing and shall report immediately to the Cooperative Election officer/Cooperative Election Authority for further action.

32 Recording of vote of blind or infirm voter. — If the Presiding Officer is satisfied that, owing to blindness or other physical infirmity, a voter is unable to recognise the symbols on the ballot paper or to make a mark thereon without assistance, the Presiding Officer shall permit the voter to take with him a companion of not less than twenty one years of age to the voting compartment for recording the vote on the ballot paper on his behalf and in accordance with his wishes, and if necessary, for holding the ballot paper so as to conceal the vote and inserting it into the ballot box:

Provided that, no person shall be permitted to act as the companion of more than one voter at any polling station on the same day:

Provided further that, before any person is permitted to act as the companion of a voter on any day under this rule, he shall be required to declare in Form 15 that he shall keep secret the vote recorded by him on behalf of the voter and that he has not already acted as the companion of any other voter at any polling station on that day. The Presiding Officer shall keep a record in Form 16 of all such cases under this rule.

33 Spoilt and returned ballot papers; — (1). A voter who has inadvertently dealt with his ballot paper in such a manner that it cannot be conveniently used as a ballot paper, may, on returning it to the Presiding Officer and on satisfying him of the inadvertence, be given another ballot paper and the ballot paper so returned shall be marked "spoilt cancelled" by the Presiding Officer.

(2). If a voter, after obtaining a ballot paper, decides not to use it, he shall return it to the Presiding Officer and the ballot paper so returned shall be marked as "Returned cancelled" by the Presiding Officer.

(3). All ballot papers cancelled under these rules shall be kept in a separate packet.

34. Tendered votes. (1). If a person representing himself to be a voter applies for a ballot paper after another person has already voted as such voter, he shall, on satisfactorily answering such questions relating to his identity as the Presiding Officer may ask, be entitled, subject to the following provisions of this rule, to mark a ballot paper (hereinafter referred to as a "tendered ballot paper") in the same manner as any other voter.

(2). Every such person shall, before being supplied with a tendered ballot paper, sign his name against the entry relating to him in a list in Form 17.

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(3). A tendered ballot paper shall be the same as the other ballot papers used at the polling station, except that it shall be serially the last in the bundle of the ballot papers issued for use at the polling station, and endorsed on the back with the words "tendered ballot paper" by the Presiding Officer in his own handwriting and signed by him.

(4). The voter, after marking a tendered ballot paper in the polling compartment, and folding it, shall, instead of putting it into the ballot box, give it to the Presiding Officer, who shall place it in a cover specially kept for the purpose.

35. Closing of poll. The Presiding Officer shall close a polling station at the hour fixed in that behalf as per election programme and shall not thereafter admit any voter into the polling station:

Provided that, all voters present at the polling station before it is closed shall be allowed to cast their votes. If any question arises as to whether a voter was present at the polling station before it was closed, it shall be decided by the Presiding Officer and his decision thereon shall be final.

36. Sealing of ballot boxes after poll. (1). As soon as practicable after closing of the poll, the Presiding Officer shall, in the presence of any candidates or their polling agents, close the slit of the ballot box and where the ballot box does not contain any mechanical device for closing the slit, he shall seal up the slit and also show any candidate or polling agent present, to affix his seal. The ballot box shall, thereafter, be sealed and secured.

(2). Where it becomes necessary to use a second ballot box by reason of the first box getting full, the first box shall be closed, sealed and secured as provided in this rule before another ballot box is put into use.

37. Account of ballot papers. (1). The Presiding Officer shall, at the close of the poll, prepare a ballot papers account in Form 18. If the voting conducted by electronic voting machine, the ballot paper account shall be prepared in Form 19 and enclose it in a separate cover with the words "Ballot papers account" subscribed thereon.

(2). The Presiding Officer shall permit a polling agent, who so desires, to take a true copy of the entries made in the ballot papers account and shall attest it as a true copy.

38. Sealing of other packets. The Presiding Officer shall then make into separate packets, the marked copy of the list of voters; the unused ballot papers; the cover containing the tendered ballot papers and the list of the tendered ballot papers; the list of challenged votes; any other papers directed by the Returning Officer to be kept in a sealed packet. Each such packet shall be sealed with the seal of the Presiding Officer and of those candidates or polling agents present, who may desire to affix their seals thereon.

39. Transmission of ballot boxes, packets, etc. to the Returning Officer. The Presiding Officer shall then deliver or cause to be delivered the following to the14 | 46 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 114 Returning Officer at such place or places as the Returning Officer may direct:

— (1) the ballot boxes;

(2) the ballot papers account;

(3) the sealed packets referred to in rule 38 in this schedule; and

(4) all other papers used at the poll.

The Returning Officer shall make adequate arrangements for the safe transport of all ballot boxes, packets and other papers and for their safe custody until the commencement of the counting of votes.

40. Fresh poll in case of destruction, etc., of ballot boxes. If, at any election, any ballot box used at a polling station is unlawfully taken out of the custody of the Presiding Officer or the Returning Officer or is accidentally or intentionally destroyed or lost, or is damaged or tampered with, to such an extent, that the result of the poll at the polling station cannot be ascertained, or any such error or irregularity in the procedure as is likely to vitiate the poll is committed at a polling station, the Returning Officer shall forthwith report the matter to the Cooperative Election Officer, upon receipt of such report or of his own motion, in the circumstances stated in the rule of this rule, shall, after taking into consideration all material circumstances, either, declare the poll at the polling station to be void, appoint a day and fix the hours, for taking a fresh poll at that polling station and notify the day, so appointed and the hours, so fixed in such manner as deemed fit, or if satisfied that, the result of a fresh poll at that polling station will not, in any way, affect the result of the election or that the error or irregularity in procedure is not material, issue such directions to the Returning Officer or take such action as he may deem proper for the election. The provisions of the Regulation and the rules or the bye-laws shall apply to every such fresh poll as they apply to the original poll.

41. Counting of votes; - At every election where a poll is taken, votes shall be counted by or under the supervision and direction of the Returning Officer and each contesting candidate and his counting agents shall have a right to be present at the time of counting.

42. Admission to the place fixed for counting. (1). The Returning Officer shall exclude from the place fixed for counting of votes all persons except, such persons as he may appoint to assist him in the counting; persons authorised by the Assistant Election Officer/ Returning Officer; public servants on duty in connection with the election; and candidates and their counting agents.

(2). No person, who has been employed by the society or has been otherwise working for a candidate in the election, shall be appointed under this rule. (3). The Returning Officer shall decide, which counting agent or agents shall watch the counting at any particular counting table or group of counting tables.

(4). Any person who, during the counting of votes, misconducts himself or fails to obey the lawful directions of the Returning Officer, may be removed from the15 | 46 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 115 place where the votes are being counted by the Returning Officer or by any police on duty or by any person authorised in this behalf by the Returning Officer.

43. Scrutiny and opening of ballot boxes. (1). The Returning Officer may have the ballot boxes used at more than one polling station opened and their contents counted simultaneously. Before any ballot box is opened at a counting table, the counting agents present at that table shall be allowed to inspect the paper seal or such other seal as might have been affixed thereon and to satisfy themselves that it is intact.

(2). The Returning Officer shall satisfy himself that none of the ballot boxes has in fact been tampered with. He shall not count the ballot papers contained in tampered box and shall follow the procedure laid down in rule 40 in this schedule in respect of that polling station.

44. Scrutiny and rejection of ballot papers. (1). The ballot papers taken out of each ballot box shall be arranged in convenient bundles and scrutinised.

(2). The Returning Officer shall reject a ballot paper,

(a) if it bears any mark or writing by which the voter can be identified; or (b) if no vote is recorded thereon; or

(d) if, where more than one candidate is to be elected and the voter has recorded on the ballot paper more votes than he is entitled to give; or (e) if the mark indicating the vote, thereon is placed in such a manner as to make it doubtful as to for which candidate the vote has been given;

(f) if it is a spurious ballot paper; or

(g) if it, is so damaged or mutilated that its identity as a genuine ballot paper cannot be established; or

(h) if it bears a serial number or is of a design different from the serial number or, as the case may be, design of the ballot papers authorised for use at the polling station; or

(i) it does not bear the mark which it should have borne under the provisions of rule 31 in this schedule:

Provided that where a Returning Officer is satisfied that any such defect as is mentioned in this rule has been caused by any mistake or failure on the part of the Presiding Officer or the Polling Officer, the ballot paper shall not be rejected merely on the ground of such defect;

(3). A ballot paper shall not be rejected merely on the ground that the mark indicating the vote is indistinct or made more than once, if the intention that the vote shall be for a particular candidate clearly appears from the way the paper is marked.

16 | 46 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 116

(4). Before rejecting any ballot paper under this rule, the Returning Officer shall allow each counting agent present, a reasonable opportunity to inspect the ballot paper;

(5). The Returning officer shall record the letter "R" on every ballot paper which he rejects and shall also record the grounds of rejection in abbreviated form, either in his own hand or by means of a rubber stamp. All ballot papers rejected under this rule shall be bundled together.

45. Procedure for counting of votes. (1). Every ballot paper which is not rejected under rule 44 in this schedule shall be counted as one valid vote, provided that, no cover containing tendered ballot papers shall be opened and no such paper shall be counted.

(2). The counting of votes shall take place immediately after the close of polling if possible. If this is not possible the ballet papers shall be kept by the Returning Officer in his safe custody.

(3). The Returning Officer shall then announce and also intimate in writing to the candidates or their agents the time and place at which the counting shall commence. Votes shall be counted by Returning Officer himself or by the Counting Supervisors appointed by the Returning Officer under the supervision of Returning Officer. Each candidate and his authorized agents shall have the 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 the counting and announcement of the result by the Returning Officer.

(4). The number of votes secured by each candidate and the result of election shall be announced by Returning Officer as soon as the counting is over in Form 20 In the case of equal division of votes the result shall be decided by lots to be drawn by the Returning Officer in the presence of the concerned candidates or their agents and counting supervisors.

(5). After the counting of all ballot papers contained in all the ballot boxes used at a polling station has been completed, the Returning Officer shall make the entries in a result sheet in Form 21and announce the particulars.

(6). The valid ballot papers shall thereafter be bound together and kept along with the bundle of rejected ballot papers in a separate packet which shall be sealed and on which the following particulars shall be recorded, namely, the name of the society, the particulars of the polling station where the ballot papers have been used; and the date of counting.

46. Re-commencing of counting after fresh poll. If a fresh poll is held under rule 40 in this schedule, the Returning Officer shall, after completion of that poll, re- commence the counting of votes on the date and the time and place which have been fixed by him in that behalf and of which notice has been previously given to the candidates. The provisions of rules 44 and 45 in this schedule shall apply, so far as may be, to such further counting.

17 | 46 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 117

47. Recount of votes. (1). After the completion of counting, the Returning Officer shall record in the result sheet in Form 20 the total number of votes polled by each candidate and announce the same:

Provided that, when an equality of votes is found to exist between any candidates, either for the reserved or the unreserved seats, and the addition of one vote will entitle any of the candidate to be declared elected, the determination of the person or persons to whom such additional vote shall be deemed to have been given shall be made by lots to be drawn in the presence of the Returning Officer and the candidates who may desire to be present, and in such manner as the Returning Officer may determine.

(2). After such announcement has been made, a candidate or, in his absence, his polling agent may apply in writing to the Returning Officer for a recount of all or any of the ballot papers already counted stating the grounds on which he demands such recount.

(3). On such application being made, the Returning Officer shall decide the matter and may allow the application in whole or in part or may reject it totally, if it appears to be frivolous or unreasonable. Every decision of the Returning Officer under in this rule shall be in writing and contain the reasons therefore.

If the Returning Officer decides under these rules to allow an application, either in whole or in part, he shall, count the ballot papers again in accordance with his decision; amend the result sheet in Form 20 to the extent necessary after such recount; and announce the amendment so made by him.

(4). After the total number of votes polled by each candidate has been announced under these rules, as the case may be, the Returning Officer shall complete and sign the result sheet in Form 20:

Provided that, no steps under this these rules shall be taken on the completion of the counting until the candidates present at the completion thereof have been given a reasonable opportunity to exercise the rights conferred.

48. Declaration of result and publication of names of the elected directors. (1). The Returning Officer shall then declare the candidate to whom the highest number of valid votes has been given as having been elected and certify the return of election in Form 21 in case of uncontested election, the declaration shall be furnished in Form 22.

(2). The Returning Officer/Assistant Election Officer shall publish the names of all elected directors by causing a list of such names together with their permanent address and the names of constituencies from which they are elected on the notice board of his office and shall send a copy thereof to the registered address of the society concerned for affixing it on the notice board and also for its record.

(3). The Returning Officer/Assistant Election Officer shall send a list of the elected directors to the Co-operative Election Officer/ Co-operative Election Authority and secretary of the society18 | 46 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 118 (4). The Returning Officer shall also record in the minute's book of the society and shall also notify the result of the election on the notice board of the Society and intimate to the Co-operative Election Officer/ Registrar of Co- operative Societies.

(5). The members so elected shall be deemed to have been elected by general body of the society.

(6). After the announcement of the result of the election of the society, the Returning Officer shall keep the used and unused ballot papers in a separate sealed cover and hand over to the secretary of the society along with other election materials and record for safe custody.

(7). Secretary shall destroy the ballot papers after six months of election, if the election has not been challenged in any court of law or no decision is pending relating to election under rules and Regulation.

49. Grant of certificate of election to the elected candidate. -As soon as may be after a candidate has been declared to be elected by the Returning officer, the Returning officer shall grant to such candidate a certificate of election in Form 23 and obtain from the candidate an acknowledgement of its receipt duly signed by him and immediately send the acknowledgement to the Cooperative Election Officer.

50. Return of forfeiture of candidate's deposit. The deposit made under rule 47 clause 5 shall either be returned to the person making it or to the representative heir or be forfeited to the Co-operative Societies Election Fund in accordance with the provisions of rule 29 in this Schedule. Except in cases hereinafter mentioned in this rule, deposit shall be returned as soon as practicable after the result of the election is declared. If the candidate is not shown in the list of contesting candidates, or he dies before the commencement of the poll, the deposit shall be returned as soon as practicable after the publication of the list or after his death, as the case may be. Subject to the provisions of rule the deposit shall be forfeited to the Co-operative Societies Election Fund, if, at an election, where a poll has been taken, the candidate is not elected and the number of valid votes polled by him does not exceed one tenth of the total number of valid votes polled by all the candidates or in the case of election of more than one director at the election, does not exceed one-tenth of the total number of valid votes so polled divided by the number of directors to be elected.

51. Production and inspection of election papers. While in the custody of the secretary of the society, the packets of unused ballot papers, the packets of used ballot papers, whether valid, tendered or rejected, and the marked copies of the voters list shall not be opened and their contents shall not be inspected by or produced before any person or persons except under the order of the Co-operative Election authority/ Co-operative Election Officer, the Co-operative Tribunal or the High Court.

19 | 46 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 119

(1) The Returning Officer shall direct the secretary of the society in writing to convene meeting of the newly elected members to elect the office bearers.

(2) The meeting shall be presided over by the Returning Officer.

(3) The Returning officer shall accept nomination papers from the members who desires to become an office bearer in the Committee.The nomination of office- bearers shall be made in Form24 duly filled, signed by the candidate and his proposer and seconder in respective column.

(4) Each nomination shall be supported and seconded by one each elected members of the Committee.

(5) In case of equality of votes, the matter shall be decided by lots by the

Returning Officer.

(6) The quorum of the meeting of the newly elected members shall be 2/3 members of the elected members of the committee/board (fraction neglected) (7) On completion, of election process, hand over all record / materials of election to secretary of the society.

53. Bond to be executed by members of Committee, set up by the Board of Directors or the Directors of a society, as the case may be; - Every member of the Committee set up by the Board of Directors and the Directors of a society, shall execute a bond in Form 25 hereto within fifteen days of his assuming the office. Such bond shall be executed on the stamp paper as provided under the Indian Stamp Act, 1899 (2 of 1899). The expenditure on stamp paper shall be borne by the society. The Chief Executive Officer/Secretary of the society shall receive such bonds and keep them on record of the society and accordingly inform the Registrar/ Cooperative Election Officer within fifteen days (15) from formation of the Committee.

54.If there is any dispute relating to or in connection with the election, the same shall be settled in the manner as laid down under Section 96 of the Lakshadweep Cooperative Societies Regulation 2022 read with Rule 67 of Lakshadweep Cooperative Societies Rules 2023.

55.The Election Rules exist prior to this Rules to conduct election stand repealed with effect from the date of notification in the Official Gazette of this Rule under Section 139 of Lakshadweep Cooperative Societies Regulation 2022.

56.Saving: -In case of contradiction of this Rules in this Schedule with any provision of Regulation and Rule the later shall prevail and direction of Registrar of Cooperative Societies under rules and regulation shall be binding.

20 | 46 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 120

Notice of the election to the board of Management of …… (Name of Society) ……is hereby issued.

1) Notice regarding the election to the committee/board of Directors of the ……… (Name of Society) for the term …. ….

2) Number of vacancies to be filled by election.

3) Form of nominations shall be issued from the office from …. (Date) to …… (date) during office hours.

4) Filled nomination papers will be accepted by the Returning officer from …(date) to …… (Date and time)

5) Nominations will be taken up for the scrutiny at ……. (Place) on ….

(Date) …. On ……… (Time)

6) The last date for the withdrawal of nomination paper will be ……. (Date and Time).

6) The date for allotting symbol to the candidates……… (Date and Time).

7) If polling becomes necessary polling will be conducted at ……. (Place) on ……… (date) between ……… (Time).

Returning Officer21 | 46 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 121

SL. No.	Date	Time	Signature of Returning Officer

1. Name of the Cooperative society : 2. Name of the candidate : 3. Father's name : 4. Address : 5. Serial number of the candidates in the Voter list with member number : 6. Name and address of the proposers. :

SL.No. Name.		Member number in voter list	Address	Signature.
1.

7. Name and address of the seconders.

SL.No. Name.		Member number in voter list	Address	Signature.
1.

I declare that I am willing to contest for election to be a member of committee of society and information furnished above is correct to my best of knowledge and belief.

Signature of the candidate Endorsement by Returning Officer. This nomination was presented to me in person at ………. (place)……………(date) at ………………(hours) by shri…………………….

Signature of Returning Officer22 | 46 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 122

Form of acknowledgement for the receipt of the filled nomination papers to be issued to the Candidates.

Received filled nomination paper of Shri. ………………………….. Member No…………… as serial Number ……………. On ……………. ( Date) at ………………. ( Time ) from………………… ( name ) ( Candidate/ Proposer) Place Date Returning Officer23 | 46 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 123

I………………………………………. (Name) Member No…………………………. hereby declare that I am included in……………………………………. (Reservation category) and I am qualified to contest for Election in the seat reserved for the………………………. candidate to the Election to the Board of Directors/ Representative General Body of the………………………. Cooperative Society/ Bank proposed to be held on…………………………..

Place: Date:

Signature of the candidate

To be filled by the Returning Officer; Sl.No.

This nomination paper was filed by Shri/ Smt……………………. Candite/ proposer/ Seconder before me at……………………..(time) on…………….(date) Place: Date: Returning Officer

Order passed by the Returning Officer at the time of scrutiny of nomination paper.

I have examined the nomination paper as per the provisions of the Lakshadweep Cooperative Societies Regulation, Rules and byelaws of the Society and my decision is noted below.

……………………………………………………………………………………… ………………………………………………………………………………………………

Place: Date: Returning Officer24 | 46 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 124

The list of nomination papers received as on ………. ( Date) for the election to the Board of Management of the …………… ( Name of the Society ) for the term ……….

SL. No.	Name of the candidate	Member No.	Name of the proposer	Member No.	Name of the Seconder	Member No.
1.
2.
3.

Note :- Nomination papers will be taken for the scrutiny at ….. ( Place ) on ……… ( Date ) at ……. ( Time )

Returning Officer25 | 46 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 125

The list of valid nomination papers after the scrutiny of the nominations on …… ( Date) for the election to the Board of Management of the …………… ( Name of the Society ) for the term ……….

SL. No.	Name of the candidate	Member No.	Name of the proposer	Member No.	Name of the Seconder	Member No.
1.
2.
3.

Note :- The last date for the withdrawal of the Nomination papers shall be on ……… ( Date ) at ……. ( Time )

Returning Officer26 | 46 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 126

Election to the ……………………………………………. Cooperative

Society………………………………..

The Returning Officer,

I,………………………………………………………. a Candidate validly nominated at the above election do hereby give notice that I withdraw my candidature.

Place: ___________ Signature of validly Date: ___________ Nominated candidate This notice was delivered to me at my office at ……………………..(hour) on ………………………….. (date) by……………………………….. (Name) the ……………………………………

Date: ……………… Returning Officer ----------------------------------------------------------------------------------------------

Receipt for notice of withdrawal (To be handed over to the person delivering the notice)

The notice of withdrawal of candidature by a validity nominated candidate at the election to the …………………………………………………………

Cooperative Society ………………………………. was delivered to me by the *………………………………… at my office at …………………………………….

(hour) on ……………………………… (date).

Returning Officer *Here insert one of the following alternatives as may be appropriate

(1) Candidate. (2) Candidate's proposer who has been authorized in writing by the candidate to deliver it.

27 | 46 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 127

The list of contesting candidates for the election to the Board of Management of the …………… (Name of the Society) for the term ……. ……….

SL. No.	Member No.	Name of the candidate
1.
2.
3.

Note: - The polling will take place at …..(Place)on ……… (Date) at ……. (Time)

Returning Officer28 | 46 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 128

............................... Co-operative Society Ltd., ..................... Island ....................U.T. of Lakshadweep Election for .................................... the period ...........(years).

Year of Election is ............................ Number of seats ..........................

In pursuance of the provisions contained in the Lakshadweep Co- operative Societies Rules, 2023 Schedule-I 15. I, declare that Shri/Smt.

................. (Name of candidate(s)/Addresses) has/have been duly elected to fill in the seat/ seats in the above Society as he was/they were the only contesting candidate(s) for the seat.

I also certify and declare that the above-mentioned relevant number of seats to be elected to form the Board of Directors is duly elected.

Place: ............. Date: ..............

Signature of the Returning Officer29 | 46 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 129

The list of contesting candidates for the election to the Board of Management of the …………… (Name of the Society) for the term ……. ……….

SL. No.	Member No.	Name & Address of the Candidates	Symbol allotted
1.
2.
3.

Note: - The polling will take place at ….. (Place) on ……… (Date) at ……. (Time)

Returning Officer30 | 46 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 130

Election to ………………………Cooperative Society……………………….

I, ……………………………………………………..a candidate/ the election agent of ……………………………………………who is a candidate at the above election do hereby appoint ………………………………………………………(name and address as polling agent) to attend polling station No. ………………. fixed for the poll ……………………… at …………………..

Place: …………………… Date : ……………………

Signature of Candidate/Election Agent I agree to act as such Polling Agent Place: …………………….. Date : …………………….

Signature of Polling Agent Declaration of Polling Agent to be signed before Presiding Officer I hereby declare that at the above election, I will not do anything forbidden by the Lakshadweep Cooperative Societies Regulation 2022, Rules 2023 which I have read/have been read over to me.

Signature of the Polling Agent

Presiding Officer * To be handed to the polling Agent at the polling station for the poll

** Strike off the inappropriate alternatives.

31 | 46 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 131

Election to ………………………Cooperative Society……………………….

The Returning Officer, …………………………

I, …………………………………………………. a candidate **/the election agent of ………………………………………………………….who is a candidate at the above election, do hereby appoint the following persons as my **/his counting agents to attend the counting of votes at………………………………………………

Name of the Counting Agent Address of the Counting Agent 1. 2. 3.

Signature of the candidate**/ Election Agent.

We agree to act as such counting agents.

Signature of the counting agents.

1. 2. 3.

Place: …………….

Date: ……………..

We hereby declare that at the above election we will not do anything for bidden by Lakshadweep Cooperative Societies Regulation 2022, Rules 2023 which we have read**/has been read over to us.

Signature of the counting agents 1. 2. 3.

Date: ________

Date: ________ Signature of the Returning Officer

**Strike off the inappropriate alternative.

32 | 46 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 132

(Counterfoil)

........................................ Co-operative Society Ltd., …………..….. Island ..................... U.T. of Lakshadweep Year of election…………..(period in year).

Signature of Voter

Serial Number in the list of Voter

........................................ Co-operative Society Ltd., …………..….. Island ..................... U.T. of Lakshadweep Year of election…………..(period in year).

Year of Election .............................(period in year)

Name of the Candidate	Symbol allowed	Place of marking
(1)	(2)	(3)

33 | 46 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 133

Election to the Board of Management of………………………………. Cooperative Society Ltd No………Island U.T. of Lakshadweep for the term

Number and name of Polling Station………………………

Serial Number of entry	Name of elector	Sr. No. of part of voters list	Serial No. of elector's name in that voters list	Signature or thumb impression of the person challenged	Address of the person challenger	Name of identifier if any	Name of challeng er	Order of Presidi ng Officer	Signature of the Challenger on receiving refund of deposit
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)

Dated: ………………….

Signature of Presiding Officer

*Appropriate particulars of the Election to be inserted here.

34 | 46 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 134

Election to the Board of Management of ……………………………………………….

Ltd No. …..Island, U.T of Lakshadweep

Sl. No. and Name of Polling Station …………………………………………………….

I, ……………………………………….Son of …………………………………………

Aged …………Resident of * ………………………………………….hereby declare that

(a) I have not acted as companion of any other elector at any polling station today, the _________________________

(b) I will keep secret the vote recorded by me on behalf of

_______________________

Signature of companion * Full address to be given35 | 46 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 135

Election to the Board of Management of………………………Cooperative e Society Ltd No LMA……………………………Island, U.T of Lakshadweep

Name of the polling station……………………………………………………….

Full name of Elector

Address of companion

Signature of companion Part number & Serial No. of Elector

(1) (2) (3) (4) (5)36 | 46 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 136

Election to the Board of Management of………………………Cooperative Society Ltd No ……………………………Island, U.T of Lakshadweep and name of the polling station …………………………..

Address of Elector

Part number, Serial No. and name of Elector

Serial No. of tendered ballot paper

Serial No. of ballot issued to the person who has already voted

Signature or thumb impression of person tendering vote (1) (2) (3) (4) (5)

Signature of the Presiding Officer Booth No.

37 | 46 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 137

Election to the Board of Management of………………………Cooperative Society Ltd No ……………………………Island, U.T of Lakshadweep

Polling Station

Booth No

Date of Polling

Serial No

Total Nos

From To 1. Ballot Paper Received :

2. Ballot Paper Unused

a) With signature of Presiding Officer

b) Without signature of Presiding Officer

3. Ballot paper used at the polling

station (1 – 2 = 3)

4. Ballot paper used at the polling station but not inserted in to the ballot box

a) Ballot paper used as

tendered

b) Ballot paper cancelled for

defects

5. Ballot paper to be found in the

ballot box (3 – 4 = 5)

Signature of the Presiding Officer Booth No.

38 | 46 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 138

(See Rule 47 Schedule I (37)) (Voting by Electronic Voting Machine)

Election to the Board of Management of…………………Cooperative Society Ltd No ……………………………Island, U.T of Lakshadweep and Name of Polling Station …………………………………….

Identification No. of Voting Control Unit…………………………………………………..

Machine used at the Polling Station Balloting Unit i. Balloting Unit _________

ii. Control Unit__________

1.	Total No. of electors assigned to the Polling Station
2.	Total No. of voters as entered in the Register for voters (Form……………)
	3. No. of voters deciding not to record votes under Rule _______
	4. No. of Voters not allowed to vote under Rule _____________
5.	Total No. of votes recorded as per voting machine
	6. Whether the total No. of votes as shown against item 5 tallies with the total No. of voters as shown against item 2 minus No. of voters deciding not to record votes against item 3 minus No. of Voters as against item 4 (2-3-4) of any discrepancy noticed.
	7. No. of Voters to whom tendered ballot papers were issued
8. No. of tendered ballot papers
	Sl. No. From To (a) received for use …………………………. ……………………………… (b) issued to electors …………………………. ……………………………… (c) not used and returned…………………….. ……………………………….
9.	Account of papers seals Sl. Nos. From ___________ To _____________
(1)	Serial Numbers of paper seals supplied From ___________ To _____________
(2)	Total Numbers supplied ____________
(3)	Number of paper seals use __________
(4)	Number of unused paper seals returned to Returning Officer (Deduct item 3 from item 2)
(5)	Serial Number of damaged paper seal if any

Date: ____________ Signature of Presiding OfficerPlace: ___________ Polling Station No. (Voting by Electronic Voting Machine) 39 | 46 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 139

Sr. No.	Name of Candidate	No. of Voters recorded
1.
2.	.
3.
4.
5.
6.
7.
8.
9.	None Of the Above (NOTA)
Total

Place:____________

Date :____________ Signature of Counting Supervisor

1.		-
2.
3
4.
5.		'
6.
7.
8.

Place:_____________

Date:______________

Signature of Returning Officer40 | 46 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 140

Election to the members of committee/ board of directors of………………………Cooperative Society Ltd No ……………………………Island, U.T of Lakshadweep

Total Number of votes recorded at polling station(s)

Place: ............... Date: .................

Signature of Returning Officer41 | 46 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 141

The statement regarding the Election to the members of committee/Board of directors of……………Cooperative Society Ltd No ……………………………Island, U.T of Lakshadweep for the term ………….

Sl. No. Member	No.	Name of the Candidate	Number of votes received
1
2
3
4

Total Number of votes polled :…………………………. Total No. of valid votes :…………………………. Total No. of invalid votes :………………………….. Total No. of tendered votes :………………………….

Accordingly I hereby declare that the following candidates who scored highest votes as duly elected as the directors for the term ……..of the ………. (Name of the society)

Sl. No. Member	No.	Name of the Candidate
1
2
3
4
5
6

Returning Officer42 | 46 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 142

See Rule 47 Schedule I (48)) Declaration of Result of Election (To be used when a seat is uncontested)

In pursuance of the provisions contained in Rule 47 in this schedule of the Lakshadweep Cooperative Societies Rules, 2023, I declare that;

Sl. No.	Member No.	Name of the Candidate and address
1
2
3
4

Has been duly elected to fill the seat from above mentioned Cooperative Society………………………island, Union territory of Lakshadweep

Returning Officer43 | 46 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 143

Election of directors to the members of committee/board of……………………. cooperative society……… …………Island, Union Territory of Lakshadweep for the term …………. hereby certify that I have on ………………

day of………………. 20…. Declared Shri/Smt/Kum……………………….to have been duly elected by ………………………… to be the director from the said …………………………… and that in a token thereof I have granted to him/ her this Certificate of Election.

Place : ……………… Date : ………………..

Returning Officer44 | 46 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 144

1) Name of the candidate : 2) Serial number in the register of

members

3) Father's/Husband name of the

candidate

4) Address of the candidate : 5) Serial number of the candidates in theVoter list with member number :

6)Name and address of the proposers. :

SL. No.	Name.	Member number in voter list	Address	Signature .
1.

7) Name and address of the seconders.

SL. No	Name.	Member number in voter list	Address	Signature.
1.

I declare that I am willing to contest for election to the office of the chairperson / vice chairperson or any other office-bearer (specify) of ………………society and to the best of information furnished above is correct to my best of knowledge and belief.

(a) That I have completed.............. years of age. (b) That I am a Woman (c) That I am member of ……………class/ …………………..category (d) That I do not have any disqualification to be elected as director to the board of the cooperative Society under the Regulation, the Rules or the bye-laws. (e) That I do possess the requisite qualifications for being elected a director to the bord of the Cooperative Society under the Regulation, the Rules or the bye- laws.

Date………………. Signature of the Candidate

This nomination was delivered to me at ……………….(hour) on……………(date) by the candidate……………………..(Name)Date: Place: Returning Officer 45 | 46 P a g e THE LAKSHADWEEP GAZETTE EXTRAORDINARY 145

Polling Station Name of Polling Station

No. of valid votes Cast in favour of the candidate

Total votes at polling station

No. of tendered votes

Valid votes

Rejected votes

I, Shri./Smt. ............................................ Son/daughter/wife of ......................aged …….…. years resident of…………...... have been appointed/elected as the member of the committee /Board of Directors as a Director of ............... society for the period ..................

I have assumed office from ............................as...........................

I declare today i.e. .......................................... that I shall be jointly and severally responsible for all the decisions taken by the Committee/Board of Directors during its term, relating to the business of the society and shall be jointly and severally responsible for all the acts and omissions detrimental to the interest of the society which I have endorsed during the course of meeting of the Committee/Board of Directors or otherwise and not specifically opposed it, as provided in Rule 47 Schedule I (53) of the Lakshadweep Cooperative Societies Rules, 2023.

Signature of member of Committee/Director

Signature of witness (Secretary/Chief Executive Officer) Seal of the SocietyLGP. Kvt. K-1735/11-23/60 46 | 46 P a g e