(1)The number of members in the committee shall be specified in the bye -laws, but the number of elected members shall in no case be less than five.
(2-A) A casual vacancy in the office of an elected member [xxx] shall be fi l led by co-option by the remaining members of the committee in a meeting to be presided over by the Returning Offic er. Such co-opted member, [xxx] as the case may be, shall be from the same group and class in which the vacancy occurred. The member [xxx] so co-opted shall hold office unti l the expiry of term of the committee co -opting him:
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Provided that , no co-option shall be made in a meeting of committee unless the subject has been included in the agenda circulated for that meeting and unless there is a quorum.
(3) (Omitted) (3-A) In a primary society fall ing under sub -clause (i) of clause (a) of sub-section (3) of Sect ion 48, not less than half the total number of seats on the committee shall be reserved for members belonging to 2[ Scheduled Castes, Scheduled Tribes and Other Backward Classes] in the proportion which the numbers of the said 3[Castes, Tribes and Classes] bears to the to tal membership of such society.
(4)(a) The Returning Officer shall on the day fixed under clause (d -i) of sub-rule (2) of Rule 41 convene a meet ing of the newly elected members 5[xxx] for co-option of members in the committee, if so required.
(b) Such meeting shall be presided o ver by the Returning Officer.]
(4-A) The Returning Officer shall on the dat e fixed under clause (e) of sub-rule (2) of Rule 41, convene a meeting of the elected, co -opted and such members nominated under Section 48 (3) (C) and second proviso of Section 52 - B, of the committee, notices whereof shal l be given to each member atleast three clear days before the date fixed for election of President/Chairman, Vice - President/Vice-Chairman, representatives and other officers as per byelaws of the society. Such notices shall contain—
(a) the number of officers and the representatives to be elected;
(b) the t ime for making nominations, the hours between which, the place at which, and the person to whom, nomination papers shall be presented;
(c) the place at which and hours between which scrutiny of nomination papers shall be made and the t ime and place of poll ing, i f necessary;
(d) the t ime for withdrawal of candidatures, and
(e) the t ime for election of President/Chairman, Vice -President! Vice- Chairman and representatives and such other officers as are specified in byelaws;
The meetings under sub-rule (4-A) shall be presided over by the Returning Officer .
(5) The President shall preside over all meetings of the committee at which he is present. In his absence, the Vice -President shall preside or in the absence of both the President and Vice-President, the members present shall elect one amongst themselves to preside over meeting:
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Provided that a meeting of committee in which co -option of a member or representative is made or election of President/Chairman to hold shall be presided over by the Returning Officer.
(6) The quorum for the meeting of the committee shall be, as provided in the byelaws, but in any case i t shall be more than fifty percent of the total number of the members.
43-A. Removal of the Chairman, or off ice bearers of the committee.-
(1) The Committee of a society may, by a resolution passed by majority of not less than two-third of the total elected members of the committee at a meeting held for this purpose, remove from the office of the C hairman or office bearer if he, -
(a) is grossly negligent in discharge of his duties imposed on him by or under this Act or Rules made thereunder or Bye -laws of the Society or has by a fraudulent act caused f inancial loss to the society;
(b) persistently makes default in payment of his dues to the society;
(c) has been adversely remarked by a Competent Court;
(d) misuses the post held by him:
Provided that such resolution shall l ie within a period of one year from the date on which he has taken charge of his respective off ice, or suc h resolution is rejected or accepted by the committee as the case may be.
(2) Such proposals shall be submitted to the Chief Executive Officer of the society by at least one -third elected members of the committee under their signatures alongwith a chargesheet. A copy of such proposal shall also be sent to the Registrar, Co-operative Societies.
(3) Notwithstanding anything contained in the bye -laws of the society, on receipt of such proposal, the Chief Executive Officer of the society shall call the meeting of the committee and present such proposal within thirty days from the date of receipt of such proposal.
(4) The Chairman/President or the office bearer of the society as the case may be, shall have a right to defend himself or otherwise in such meeting of the committee.
(5) Such meeting shal l he presided over by the R egistrar or any person authorised by him in his behalf .
43-B. (Omitted)