( 1) A special general meeting may be called at any time by the Chairman or by a majority of the members of the committee and shall be called within one month -
1. on a requisition in writing of one-fifth of the members of the society or of members the members of which is specified in the byelaws for the purpose, whichever is lower, or
11. at the instance of the Registrar, or
111. in the case of a society which is a member of federal society, at the instance of the committee of such federal society.
(2) Where any officer or a member of the committee whose duty it was to call such meeting without reasonable excuse fails to call such meeting, the Registrar may by order declare such officer or member disqualified for being a member of the committee for such period not exceeding three years, as he may specify in such order; and if the officer is servant of the society, he may impose on him a penalty not exceeding one hundred rupees. Before making an order under this sub-section, the Registrar shall give or cause to be given, a reasonable opportunity to the person concerned of showing cause in regard to the action proposed to be taken against him.
(3) If a special general meeting of a society is not called in accordance with the requisition referred to in sub-section (1), the Registrar or any person authorized by him in this behalf shall have power to call such meeting and that meeting shall be deemed to be a meeting duly called by the committee.
(4) The Registrar shall have power to order that the expenditure incurred in calling a meeting under sub-section (3) shall be paid out of the funds of the society or by such person or persons who in the opinion of the Registrar, were responsible for the refusal or failure to convene the meeting.
78.(1) No act of a society or a committee or any officer done in good faith in pursuance of the business of the society shall be deemed to be invalid by reason only of some defects subsequently discovered in the organization of the society, or in the constitution of the committee or in the appointment or election of an officer or on the ground that such officer was disqualified for his office.
(2) No act done in good faith by any person appointed under this Act, the rules and the bye-laws shall be invalid merely by reason of the fact that his appointment has been cancelled by or in consequence of any order subsequently passed under this Act, rules and the bye-laws.
(3) The Registrar shall decide whether any Act was done in good faith in pursuance of the business of the society; and his decision thereon shall be final.
4 F [79. Supersession and suspension of Board and interim management,- (1) Notwithstanding anything contained in any other law for the time being in force, no Board shall be superseded or kept under suspension for a period exceeding six months ,·
Provided that, the Board may be superseded or kept under suspension in case,-
(i) of persistent default; or
(ii) of negligence in the performance of its duties ,· or
(iii) the Board has committed any act prejudicial to the interest of the Co-operative Special general meeting.
Act of societies, etc not to be invalidated by certain defects.
Supersession of Committee.
Society or its members ; or
(iv) there is stalemate in the constitution or functions of the Board : or
(v) the authority or body as provided by the Legislature of the State, by law, under clause (2) of article 243 ZK of the Constitution has failed to conduct elections in accordance with the provisions of the State Act.
Provided further that the Board of any such Co-operative Society shall not be superseded or kept under suspension where there is no Government shareholding or loan or financial assistance or any guarantee by the Government.
Provided also, that in case of a Co-operative Society carrying on the business of banking, the provisions of the Banking Regulation Act, 1949 shall apply.
(2) In case of supersession of a Board, the administrator appointed to manage the affairs of such Co-operative Society shall arrange for conduct of elections within the period specified in section 74 (A) and 74(8), as the case may be and hand over the management to the elected Board.
(3) The conditions of service of the administrator shall be such as provided in this Act or as may be prescribed under the rules or bye-laws made thereunder.
(4) The committee or the administrator so appointed shall, subject to the control of the Registrar and to such instructions as he may from time to time give, have the power to exercise all or any of the functions of the committee or of any of the office of the society and take all such action as may be required in the interest of the society.
(5) If at any time during any period or extended period referred to in provisos to section 76, it appears to the Registrar that it is no longer necessary to continue to carry on the affairs of the society, as aforesaid, the Registrar may, by an order published in the Official Gazette, direct that the management shall terminate, and on such order being made, the management of the society shall be handed over to the new committee duly constituted.
(6) The committee or the administrator shall, at the expiry or termination of its or his term of office, arrange for the constitution of the new committee in accordance with the bye laws of the society.
(7) All acts done or purported to be done by the committee or the administrator during the period, the affairs of the society are carried on by the committee or the administrator under this section shall be binding on the new committee.
(8) The Registrar may. fix the remuneration of the administrator 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, and at such interval, the registrar may direct the person having the custody of the fund of the society to pay the administrator.
Such remuneration and expenses on priority to any other payment (except any amount recoverable as a public demand under the Bengal Public Demands Recovery Act, 1913), and such person as far as the fund to the credit of the society allow, comply with the order of the Registrar''.