(1) A special general meeting may be called at any time by the President or by a majority of the members of a committee, and shall be called within one month-
(a) on a requisition in writing of one-fifth of the members of a society or of members, the number of which is specified in the bye-laws for the purpose, whichever is lower, or
(b) at the instance of the Registrar, or
(c) in the case of a society, which is a member of a federal society, at the instance of the committee of such federal society.
(2) 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 authorised by him in this behalf, shall call such meeting, and that meeting THE HIMACHAL PRADESH CO-OPERATIVE SOCIETIES ACT, 1968 22 shall be deemed to be a meeting duly called by the committee.
(3) The Registrar shall have power to order that the expenditure incurred in calling a meeting under sub-section (2) 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.
1 [34. Constitution of the Managing Committee.- (1) The management of every society shall vest in a managing committee constituted in accordance with this Act, rules and bye-laws, which shall exercise such powers and perform such duties as may be conferred or imposed respectively, by this Act, rules and bye-laws.
(2) The managing committee of a co-operative society shall be constituted by,-
(a) election from amongst the members of the society at the annual or special general meeting;
(b) nominees of other co-operative societies or institutions, if any, provided in the bye-laws;
(c) Government nominees, if any, nominated under section 35;
and 2 [(d) appointment made by the Registrar under section 34-A.]
3 [xxxxxxxxxxxxxxxx] 4 [(2-A). The managing committee shall, as soon as may be, elect from amongst its elected or nominated members a Chairman, Vice-Chairman; or a President, Vice-President, as the case may be, of the managing committee.
(2-AA). Notwithstanding anything contained in sub-section (2-A), where the State Government has-
(i) subscribed to the share capital of a co-operative society, or
(ii) assisted indirectly in the formation or augmentation of the share capital of a co-operative society as provided under section 48, or
(iii) guaranteed the repayment of principal amount and payment of interest on loans and advances to a society, to the extent of rupees fifty lakhs or more, the State Government may appoint, one of the members nominated under section 35, as Chairman of the managing committee of such society:
1. Section 34 substituted vide H.P. Act No. 21 of 2013.
2. Clause (d) inserted vide H.P. Act No. 20 of 2015, effective from 1 st April, 2014.
3. First and second provisos omitted vide H.P. Act No. 24 of 2013, effective from 14 th February, 2013.
4. New sub-sections (2-A) and (2-AA) inserted vide H.P. Act No. 24 of 2013, effective from 14 th February, 2013.
THE HIMACHAL PRADESH CO-OPERATIVE SOCIETIES ACT, 1968 23
Provided that no member of a managing committee shall be eligible to be elected or appointed as Chairman or Vice-Chairman or President or Vice- President of the managing committee of such society, if such member is a Minister in the State Government.]
(3) The managing committee of a co-operative society shall consist of not less than five but not more than twenty-one members including Government nominees.
1 [XXXXXXXXXXXXXXXXXXXXXXX]
(4) The term of office of the elected members of the managing committee and its office bearers shall be five years from the date of election and the term of office bearers shall be co-terminous with the term of the managing committee:
Provided that the managing committee may fill a casual vacancy by nomination out of the same class of members in respect of which the casual vacancy has arisen, if the term of office of the managing committee is less than half of its original term.]
2 [34-A. Appointment of managing committee member by the Registrar.- (1) Notwithstanding any limits specified in the bye-laws, in order to represent appropriate interests, the Registrar shall appoint additional number of members for the managing committee, not exceeding one-third of the number of elected members :
Provided that the total number of committee members so elected, nominated and appointed under sections 34, 35 and sub-section (1) of this section, shall not exceed the maximum limit specified under sub-section (3) of section 34.
(2) Out of the members appointed under sub-section (1), one shall be a person belonging to Scheduled Castes, one belonging to Scheduled Tribes and the remaining, if any, representing other appropriate interests including the interests of women, unless a member each belonging to the Scheduled Castes and Scheduled Tribes and representing other interests has already been elected on such committee.
(3) The members so appointed under sub-sections (1) and (2) shall hold office till the next election of the managing committee or till other persons are appointed in their place, whichever is earlier, and shall have the right to vote.
(4) The managing committee members appointed under this section may or may not be the members of the society but should possess all the qualifications prescribed for membership of a cooperative society and the managing committee.
1. First and second provisos of sub-section (3) omitted vide H.P. Act No. 20 of 2015, effective from 1 st April, 2014.
2. Section 34-A inserted vide H.P. Act No. 20 of 2015, effective from 1 st April,
2014.
THE HIMACHAL PRADESH CO-OPERATIVE SOCIETIES ACT, 1968 24
(5) If a vacancy occurs in the office of appointed member in the managing committee, the Registrar shall fill up such vacancy by appointment from amongst the same class of persons in respect of which the vacancy has arisen.]
1 [35. Nominees of the Government and other nominees on the committee of co-operative societies.- (1) (a) Where the State Government-
(i) has subscribed to the share capital of a co-operative society;
or
(ii) has assisted indirectly in the formation or augmentation of the share capital of a co-operative society as provided under section 48; or
(iii) has guaranteed the repayment of a principal and payment of interest on loans and advances to a society;
the State Government or any authority specified by the State Government in this behalf shall have the right to nominate 2 [, having such qualifications and experience and in the manner as may be prescribed,] not more than three members or one-third of the total number of the members of the committee of the society whichever is less 3 [.]
4 [XXXXXXXXXXXXXXXXXXXXXXXXXXXX]
(b) Where the employer has contributed to the share capital of a cooperative society of his employees to the extent of rupees five thousand or more, the employer shall have right to nominate two members or one-third of the total members whichever is less, on the committee of such society.
(c) Where any financing institution notified in this behalf by the Government has provided finance to a co-operative society, such financing institutions shall have the right to nominate one member on the committee.
(2) A member nominated on the committee of a co-operative society under sub-section (1) shall hold office during the pleasure of the State Government or the specified authority or the employer or the financing institution, as the case may be.
(3) Where in a co-operative society in which shares have been subscribed or liability by way of guarantee for borrowing has been undertaken by the Government, exceeding fifty per centum of the working capital of the society, a difference of opinion in respect of any matter arises between any member of the committee nominated under sub-section (1) (a) and other members thereof, the matter shall be referred by the committee to the Government whose decision thereon shall be final and will operate as if same were a decision taken by the committee.]
1. Section 35 substituted vide H.P. Act No. 7 of 1976.
2. Inserted vide H.P. Act No. 20 of 1986, effective from 7 th January,1988.
3. Substituted for the sign ":" vide H.P. Act No. 20 of 1986, effective from 7 th January, 1988.
4. Proviso omitted vide H.P. Act No. 20 of 1986, effective from 7 th January, 1988.
THE HIMACHAL PRADESH CO-OPERATIVE SOCIETIES ACT, 1968 25 1 [35-A. Power of Registrar to constitute new committee in certain cases.- (1) Where in any co-operative society, a committee constituted in accordance with the provisions of this Act, rules and bye-laws does not exist, the Registrar may, notwithstanding anything to the contrary contained in this Act or rules or bye-laws, constitute by notification a committee for such society consisting of such number of members and not exceeding eleven out of whom not less than one-third shall be share-holders of such society, as he may deem fit:
Provided that if the number of the members of the committee so constituted is less than eleven, the Registrar may, from time to time, add a member or members to the committee.
(2) A committee constituted under sub-section (1) shall be deemed to be a committee for all the purposes of this Act, rules and bye-laws and shall continue to function for a period of two years or until such period as a committee for such society is constituted in accordance with the provisions of this Act, rules and bye-laws, whichever expires earlier:
Provided that the Government may by notification extend the period of two years so as not to exceed in the aggregate three years.]
2 [35-B. Appointment, powers and functions of Managing Directors.- (1) Where the Government has subscribed to the share capital of a co-operative society to the extent of rupees five lakhs or more, the Government may, notwithstanding anything contained in the bye-laws of the society, nominate another member in addition to those nominated under section 35 and appoint him as Managing Director:
Provided that no person shall be appointed as Managing Director of a co-operative society unless he is a member of the Indian Administrative Service or the Himachal Pradesh Administrative Service or Class-I Officer of the Co-operative Department 3 [or an officer having relevant specialized or technical qualification.]
(2) A person nominated and appointed as the Managing Director under sub-section (1) shall be ex-officio member of the committee and shall hold office during the pleasure of the State Government and shall have a right to participate in the deliberations of the committee and shall also have the right to vote.
(3) The Managing Director appointed under sub-section (1) shall exercise such powers as are assigned to him under the bye-laws or delegated to him by the committee. He shall discharge all such functions, consistent
1. Section 35-A inserted vide H.P. Act No. 7 of 1976.
2. Section 35-B. inserted vide H.P. Act No. 20 of 1986, effective from 7 th January,
1988.
3. Substituted for the words and signs “except the Himachal Pradesh State Cooperative and Development Bank and the Himachal Pradesh State Co-operative Milk Federation where technical persons may be appointed as Managing Directors” vide H.P. Act No. 19 of 2006.
THE HIMACHAL PRADESH CO-OPERATIVE SOCIETIES ACT, 1968 26 with the bye-laws, as are assigned to him by the Government or the Registrar.
He shall work under the superintendence and control of the committee.
(4) The Managing Director of a co-operative society shall be its principal executive officer. All employees of the society shall function and perform their duties under his superintendence and control.
(5) The Managing Director appointed under sub-section (1) shall be deemed to be on deputation with the society and his salary and allowances, as determined by the State Government, shall be paid from the funds of the society.]