Section 45 - Establishment of Cooperative Election Authority. - Multi-State Co-Operative Societies Act, 2002

1 [ Establishment of Cooperative Election Authority. 45. (1) The Central Government shall, by notification, establish an Authority to be known as the Co-operative Election Authority which shall consist of a Chairperson, a Vice-Chairperson and Members not exceeding three to be appointed by the Central Government on the recommendation of the Selection Committee consisting of such persons as may be prescribed. (2) The head office of the Authority shall be at such place as may be notified by the Central Government. (3) A person shall not be qualified for appointment as a, (i) Chairperson of the Authority unless he held the post of Additional Secretary to the Government of India or equivalent rank; (ii) Vice-Chairperson of the Authority unless he held the post of Joint Secretary to the Government of India or equivalent rank; and (iii) Member unless he fulfils such qualification and experience as may be prescribed. (4) The Chairperson, Vice-Chairperson or Member of the Authority shall hold office for a period of three years from the date on which they enter upon their office or until they attain the age of sixty-five years, whichever is earlier and they shall be eligible for re-appointment: Provided that in case of appointment of a Government servant as a Chairperson, Vice-Chairperson or a Member, he shall be treated as an ex officio Member and he shall continue so long as he holds the office by virtue of which he is a Chairperson, Vice-Chairperson or Member. (5) The salaries and allowances payable to, and the other terms and conditions of service of the Chairperson, Vice-Chairperson and Members of the Authority, other than the ex officio Member, shall be such as may be prescribed. ] **************** NOTES:- 1. Substituted vide THE MULTI-STATE CO-OPERATIVE SOCIETIES (AMENDMENT) ACT, 2023 dated 03-08-2023 before it was read as, Elections of members of board. 45. (1) The conduct of elections to the board of a multi‑State co‑operative society shall be the responsibility of the existing board. (2) The election of members of board shall be held by secret ballot in the manner as may be prescribed. (3) The election of the members of the board shall be held in the general meeting of the members of the multi‑State co‑operative society. (4) The elected members of the board shall, if the bye‑laws of such society permit, be eligible for re‑election. (5) The term of office of the elected members of the board shall be such, not exceeding five years from the date of elections, as may be specified in the bye‑laws of a multi‑State co‑operative society: Provided that elected members shall continue to hold office till their successors are elected or nominated under the provisions of this Act or the rules or bye‑laws and assume charge of their office. (6) Where the board fails to conduct election of the members of board, the Central Registrar shall hold the election within a period of ninety days from the date when such election became due. (7) No person shall be eligible to be elected as a member of the board of a multi-State co‑operative society unless he is a member of the general body of that society. (8) The expenses for holding election by the Central Registrar shall be borne by the multi‑State co‑operative society. (9) The Central Government may make rules generally to provide for or to regulate matters in respect of election of members of the board.