Ajit Kumar Verma
Solicit your advice on the Rules for Fee to be paid by Society to election authority for conducting election.
Our society has 844 flats and 69 shops. We are getting confusing advice on amount to be paid.
Can you guide us what would be the amount?
I C Naik
Since all Elections to cooperative societies are centralised with the State Cooperative Election Authority the Election expenses will now be incurred by SCEA out of the State Election Fund. Sub-Section 13 as reproduced below;
73CB (13) There shall be an Election Fund maintained at level of the State Co-operative Election Authority. Every society shall deposit in advance,
The estimated amount of expenditure on its election, as may be prescribed and required by the State Co-operative Election Authority towards the Election Fund. The State Co-operative Election Authority shall incur the necessary expenses, for the conduct of the elections of the societies, including the election of the office bearers, from the said fund. The expenses of the holding of any election, including the payment of travelling allowances, daily allowances and remuneration, if any, to the persons appointed to exercise the powers and perform the duties in respect of the election, shall be incurred from the said fund and the expenditure shall be made in the manner prescribed. The Registrar, on requisition by the State Co-operative Election Authority, shall recover expenses of holding election from any such society or class of societies:
Provided that, if any society fails to pay the election expenses, the Registrar may issue the recovery certificate for recovery of the amount due and such amount shall be recovered as arrears of land revenue.
The Section provides for
“the estimated amount of expenditure on its election, as may be prescribed and required by the State Co-operative Election Authority’
So the amount is to be discerned as per Maharshtra Cooperative Societies Rules 1961 as also as may be decided by SCEA. So this matter is alreday complicated and non-transperant.
The Rules have been amended by publishing the Maharashtra Co-operative Societies (1st Amendment) Rules, 2014 on 30 8 2014.
There is a Rule 31 which has inserted following clause in Rule 49A which prvides list of deductions from Gross profit namely (x) provision for Election Fund for payment of election expenses.
It appears that this being a new arrangement transparency may be difficult for the Administration also. So we will have to put up with uncertainty.