(1) Every registered Society shall have an address, registered in accordance with rules, to which all notices and communications may be sent and send notice, in writing to the Registrar and to the financing Bank, if any, of which it is a share holder and to the Cooperative Federation, if any, of which it is a member, of any change in the said address within fifteen days of such change.
1 (2) The management of registered society shall be vested in a managing committee constituted in accordance with the provisions of this Act and rules/ byelaws of the society made under this Act.
Notwithstanding any thing contained in any provision of this Act or Rules Byelaws of the Society the Maximum number of members including office bearer of office bearers in a managing committee of Society shall be seventeen in Apex and State level Society, fifteen in Central Cooperative Society and thirteen in Primary Society:
Provided that in the Managing Committee of such societies or of class of societies and in such areas as the State Government may by general or special order direct, at least two seats shall be reserved for the members belonging to the Scheduled Castes or Scheduled tribes two seats for the ladies and one seat each for backward caste. The seats so reserved shall be filled up from amongst the members of scheduled castes or scheduled tribes, ladies and backward and other backward castes members either by election or/ and by cooption. The provision shall apply to all Sacieties form the primary Society and up to the Apex Society.
1[(3) An Officer of the State Government if deputed to a registered society either as a Managing Director, Executive Officer or in similar position shall be the chief Executive there of and subject to general direction and control the Managing Committee, shall have the following powers and functions :-
(i) to have genera control over the administration of the registered society;
(ii) to convene meeting of the Managing Committee;
(iii) to receive all moneys and securities on behalf of registered society and to make arrangement for the proper maintenance and custody of cash balances and other properties of the registered society;
(iv) to endorse and transfer promissory notes, Government and other Securities and to endorse, sign and negotiate cheques and other negotiable instrument on behalf of the registered society,
(v) to be responsible for the general conduct, supervision and management to the day-to-day business and affairs to the registered society;
(vi) to sign all deposits receipts and operate the accounts of the registered society with Bank;
(vii) to sign all bonds and agreements on behalf of the registered society;
(viii) to determine the powers, duties and responsibilities of the employees of the registered society;
(ix) to appoint, promote, transfer, punish, suspend, remove or dismiss any paid employee of the registered society except to the extent of the powers vested in the Managing Committee under the bye-laws of the registered society;
(x) to institute, conduct, defend; compound or to withdraw any suit or other legal proceedings for or against the registered society and also to compound and allow time for payment or satisfaction of any claims;
(xi) to delegate all or any of the powers to an employee or employees of the registered society subject to his control and supervision;
1 (4) Notwithstanding any thing contained in any provision of this Act, or of rules framed there under or the bye-laws of any registered Society where the State Government has Subscribed directly to the Share Capital or a registered Society an amount exceeding Rupees Thirty Lakh, in that case the State Government Shall have the right to nominate three persons as members on the Managing Committee of that Society:
Provided that among the members so nominated two will be from the Government service the third one will be an officer of Cooperative/ Financing Institution connected with the affairs of the Society.
Provided further that those ex-officio members as provided in the bye-laws of the society shall be counted in the quota/ numbers fixed/ provided for nomination.
Provided further also that such nominated members shall participate in any meeting of the managing committee of ordinary general meeting of the share holders of the registered Society, convened in accordance with the provisions of the Act and Rules framed thereunder and its bye laws. They shall have right to vote in the meeting of the managing committee but shall have no right to vote in the ordinary general meeting of the share holders.” 1 (5) Notwithstanding any thing contained in any provision of this Act, Rules made there under and the bye-laws of the society the existing members and office bearers nominated by the Government shall cease to be a member of the managing committee within ninety days of the publication of this Amendment Act in the Official gazette; and such registered society shall have elections to the vacant posts for the remaining period of its term;
1. Sub- section (4) “Subs. by (Admt) act 10 of 2002.
2. Sub- Section (5) subs. by Ibid.
Prpvoded firtjer that in superseded societies the Administrator of the society shall constitute new managing committee by election within twelve months from the date of publication in the official gazette of this Amendment Act 2002;
otherwise the Registrar shall appoint a new Administrator for a further period f three months and get the managing committee constituted by election.
1 [ x x x] 1 [(7) Notwithstanding the provisions of sub-section (9) the nominated members of the managing committee shall hold office during the pleasure of the State Government.]
1 [(9) Notwithstanding anything contained in the Rules or Bye-laws of any Registered Society, the term of the members and the office-bearers of the managing committee of a registered society shall not exceed five years form the date of election.
1 (10) If, for any reason, elections are not held within the said period after expiry of the term of the managing committee the committee shall be deemed to have been superseded with effect from the said date and the Registrar Cooperative Societies shall appoint any government servant as administrator for a period not exceeding six months for constitution of managing committee in accordance with law.
Provided that if for certain special circumstances the election of the members an office bearer of the managing committee is not held within the stipulated period of six months, the Registrar after obtaining explanation from the administrator and after recording reasons in writhing may extend the period of supersession for a period not exceeding three months:
Provided rurther that the term of the Managing Committee as provided in sub- section (9) shall be effective if the election of the Managing Committee has been held after coming into force of this Amendment act.
Provided further that the administrator appointed for superseded society prior to the commencement of this Amendment Act shall Continue to hold tution of a new managing committee by election whichever is earlier.’’
(11) Every registered society shall keep open to inspection free of charge at all reasonable times at its registered address-
(a) a copy of this Act.
(b) a copy of the rules governing such society.
(c) a copy of the bye-laws of such society, and
(d) a register of its members;
3 [ x x x]
1. “Sub- Section (6)” “Repealed by (Amdt.) Act of 2002.
2. Sub- Section (7), (9) & (10)” subs. by idid.
3. Sub- Section (8) and proviso to sub-section (11) omitted by ibid.