3[(1) The management of a Society shall vest in a Committee constituted in accordance with this Act, Rules and Bye-laws, and the Committee so constituted shall exercise such powers and perform such duties as may be necessary or expedient for the purpose of carrying out its functions under this Act which shall include–
(a) the power to–
(i) admit members and dispose of applications for shares;
(ii) interpret the organisational objectives and set specific goals to be achieved towards those objectives;
(iii) prepare annual and supplementary budgets and get approval of the General Body thereto;
(iv) raise and invest funds in accordance with the Bye-laws;
(v) sanction all expenditure above the prescribed level and the plan of capital development for the coming year or years;
(vi) enforce any debt or demand of the Society and institute, defend or compromise legal proceedings for or against the Society;
(vii) assess the existing man-power resources and future requirements in the context of changes that might have taken place and the measures to be taken to ensure availability of the required resources, consider and remove constraints in the process or progress of manpower planning atleast once at the beginning of every year;
4[(viii) appoint officers or other staff to conduct the business of the Society and define interalia their duties,service condi-
1. Substituted by Orissa Act 28 of 1991, dated 31.12.1991, w.e.f. 14.11.1995.
2. Omitted by Orissa Act 7 of 1996. dated 22.04.1996.
3. Substituted by Orissa Act 28 of 1991, dated 31.12.1991, [(1(a) (xiii) w.e.f.
10.06.1997), w.e.f. 01.05.1993 excepting 1(a) (viii), & (xiii)].
4. Substituted by Orissa Act 11 of 2004, dated 27.12.2004.
(c) preparation of Annual returns prescribed by the Registrar and the Auditor-General;
(d) preparation of the statement of accounts required at audit and placement of the same before the auditors;
(e) preparation of all other statements and returns and submission of the same to the Registrar and the Auditor-General in such forms as they may direct;
(f) maintenance of the accounts of the Society regularly in proper Books;
(g) maintenance of the register of members up to date;
1[(ii-a) providing co-operative education and training to its members;
(ii-b) save as provided in sub-clause(ii), filing of return of the society every year within six months of the closure of the financial year, to the Registrar or, as the case may be, to the Financing Bank, which shall include–
(a) annual report of its activities ;
(b) its audited statement of accounts ;
(c) plan for surplus disposal as approved by the General Body;
(d) list of amendments to its bye-laws, if any;
(e) declaration regarding date of holding its General Body meeting and conduct of election when due; and
(f) any other information required by the Registrar or, as the case may be, Financing Bank.];
(iii) formulating recommendation for appropriation of the net profits declared as distributable under the provisions of this Act and Rules, and submitting the same to the General Body;
(iv) facilitating the inspections, inquiries and audits under this Act and considering the Audit, Inspection and Inquiry Reports received from the concerned authorities and furnishing compliance there to in accordance with the provisions of this Act and Rules;
(v) convening the meetings and special meetings of the General Body in time;
(vi) watching that the loans and advances are utilised for the purposes for which they are meant and also that they are repaid punctually;
1. Inserted by Orissa Act 1 of 2013, dated 30.01.2013.
in any manner specified in Sub-Section (1) of section 31, the State Government or any person authorised by it may nominate the members and President of the Preliminary Committee to manage the affairs of the Society, 1[and if necessary, take all or any policy decision including admission of members in relation to the Society] for a period not exceeding two years so, however, that not less than half of the members thereof shall be from among the members of the Society.]
Modification by govt. order dt 08.10.2002 in respect of it's application to the P.P.T Employees Co-operative credit society ltd., paradeep Section 28 (1-b)- The expiratiori of the period of four years shall operate as a dissolution of the Committee and thereupon;
(i) The members including the President and Vice-President of the Committee shall be deemed to have vacated their officer;
(ii) if the election of a new committee is not completed by the date of such dissolution, the management of the Society shall vest with the chairman, Paradeep Port Trust and upon such vesting the Chairman or any Officer of the Paradeep Port Trust authorised by him in that behalf in writing shall manage the affairs of the society and if necessary take all or any policy decision including admission of members in relation to the society and constitute the Committee in accordance with the provisions of this Act, Rules and the bye-laws within a period of six months from the date of Such dissolution.
(2) 2[(a) Subject to the provisions of this Act, the Committee of a Society, excluding the member under sub-section (3-b) and co-opted members under section 31, shall consist of,–
(i) twenty-one members in the case of an Apex Society including the President and the Vice-President; and
(ii) fifteen members in the case of Central Society, a Primary Society including Large Sized Adivasi Multipurpose Co-operative Society, including the President and the Vice-President of such Society.];
3[(b) In the case of a Large-sized Adivasi Multipurpose Cooperative Society, in the total number of elected members of the Committee, there shall be representation from among the members belonging to the Scheduled Tribes, which shall be proportional to the ratio between the members belonging to the Scheduled Tribes and the total numbers of member of the said Society, not less than two third, so however that
1. Inserted by Orissa Act 11 of 2002, dated 28.10.2002, w.e.f. 29.06.2002.
2. Inserted by Orissa Act 1 of 2013, dated 30.01.2013.
3. Inserted by Orissa Act 10 of 2011, dated 23.09.2011.
(e) In the case of an Apex Society, in the total number of elected members of the Committee, there shall be representation from among the members belonging to the Scheduled Castes, the Scheduled Tribes, the other Backward Classes including Socially and Educationally Backward Classes and the Woman which shall be proportional to the ratio between the members belonging to each said category and the total number of members of the Electoral College referred to in clause (ii-a) of sub-section (1) of section 28-A, so that among each of the said Scheduled Castes, the Scheduled Tribes, the Other Backward Classes including Socially and Educationally Backward Classes of members, there shall be representation of woman which shall be proportional to the ratio between the woman members belonging to each said category in the said Electoral College and the total number of the members of the category in that Electoral College :
Provided that, save as provided in the aforesaid clauses there shall be no bar for the members belonging to the said reserved categories to contest the election against the remaining seats in the Managing Committee of the Primary, Central and Apex Societies.
1[Provided further that a Society shall provide reservation of one seat for the Scheduled Castes or the Scheduled Tribes and two seats for women to the Committee consisting of individuals as members and having members from such class or category of persons.]
(f) Notwithstanding anything contained in this sub-section,–
(i) In the event of the seats in the Committee reserved for Women, Scheduled Castes, Scheduled Tribes and Other Backward Classes including Socially and Educationally Backward Classes remain unfilled in any election of a Primary, Central or Apex Society, the Committee of the Society shall co-opt. the required number of such categories of members from among the members of the Primary Society, or as the case may be, from among the members of the Electoral College of the Central or Apex Society, and for the purpose of making such co-option the vacancies in the unfilled seats reserved for the said categories shall not invalidate the constitution or functioning of the Committee, if otherwise it would be having a quorum;
(ii) the term of office of every such co-opted member shall be co-terminus with the other members of the Committee.
1. Substituted by Orissa Act 1 of 2013, dated 30.01.2013.
1[(2-a) (i) A Society, the Bye-laws and the Committee of which, are not in conformity with the provisions of this Act as amended by the Orissa Co-operative Societies (Amendment) Act, 1991 shall amend its Bye-laws and notwithstanding anything to the contrary in this Act, reconstitute in the manner provided under this Act, Rules and the Bye-laws its Committee within a period of 2[eight months] from the date of commencement of the said Amendment Act, so as to bring them in conformity with the provisions as so amended.
(ii) In the event of a Society failing to so amend and reconstitute within the period mentioned in Clause (i), the Registrar shall make such amendment and reconstitution within a period of four months following the date of expiry of the period mentioned in the said Clause.]
1[(2-b) The provisions of Sub-Section (2-a) shall mutatis mutandis apply to a Society, the Committee of which may be standing dissolved under Section 28 or superseded under Section 32 as on the date of commencement of the Orissa Co-operative Societies (Amendment) Act, 1991.]
2[(3) No individual shall, whether by himself or as a representative of the Society, be eligible for being chosen or for continuing as a member or 3[the President or as the Vice-President, if any,] of the Committee of a Society, if he,]
(a) is an applicant to be adjudicated an insolvent or an undischarged insolvent; or
(b) has been sentenced for an offence involving moral turpitude such sentence not having been reversed; or
(c) is of unsound mind or is a deaf-mute or is suffering from leprosy; or 1[(d) is a family member of any paid employee of the Society :]
Provided that nothing in this clause shall debar -
(i) any person specifically permitted by the Registrar in that behalf from becoming the Secretary of the Society; or
(ii) the paid employee of societies from becoming members of the Committee of a society composed exclusively of such employees; or 1[(e) has failed to pay any amount due, whether in cash or in kind, to the Society, its Financing Bank, or any other Society, on account of any loan or otherwise within three months from the date of notice by the Society or the Financing Bank concerned for payment of such dues :
1. Substituted by Orissa Act 28 of 1991, dated 31.12.1991, w.e.f. 11.09.1992.
2. Substituted by Orissa Act 19 of 1983, dated 11.10.1983.
3. Substituted by Orissa Act 23 of 1994, dated 04.11.1994.
(i) without prior intimation in respect of every such meeting; or
(ii) with prior intimation if, upon such intimation, the Committee disapproves the abstention in the meeting to which the intimation relates or the meeting next following :
Provided that nothing in this clause shall debar such person from becoming a member or President after the expiry of a period of two years from the date immediately following the date on which the said period of six months expires; or
(o) abstains himself from attending the meetings or special meetings of the General Body or the Representative Smaller General Body, as the case may be, over a continuous period of one year—
(i) without prior intimation for every such meeting; or
(ii) with prior intimation if, upon such intimation, the 1[General Body or, as the case may be, Smaller General Body] disapproves the abstention in the meeting to which the intimation relates or the meeting next following :
Provided that nothing in this clause shall debar such person from becoming a member or President after the expiry of a period of two years from the date immediately following the date on which the said period of one year 1[expires; or] 2[(P) has more than two children :
Provided that nothing in this clause shall apply to a person who has more than two children as on the 1st day of January, 1995 or, as the case may be, within a period of one year of the said date, unless such person be gets an additional child after the said period of one year.
3[(3-a) A representative of a Society or a body corporate shall not be eligible for being chosen or for continuing as a member or President of the Committee of any other Society in cases where the Society or the body corporate which he represents– 4[(i) has failed to pay any amount due, whether in cash or in kind, to the Society, its Financing Bank or any other Society, on account of any loan or otherwise, within three months from the date of notice by the Society or the Financing Bank concerned for payment of such dues :
Provided that nothing in this clause shall debar any such representative from being chosen as a member or President of the Committee of any other Society if the Society or body corporate he represents, makes payment of the dues, before the date of filing his nomination at an election of any such other Society.]
(i) ceases from the membership of the Society; or
(ii) is ordered to be wound up or dissolved.
5[(3-aa) Any individual continuing as a member or President of the Com-
1. Substituted by Orissa Act 23 of 1994, dated 09.11.1994.
2. Inserted by Orissa Act 23 of 1994, dated 09.11.1994, w.e.f. 01.01.1995.
3. Inserted by Orissa Act 19 of 1983, dated 11.10.1983.
4. Substituted by Orissa Act 28 of 1991, dated 31.12.1991.
5. Inserted by Orissa Act 28 of 1991, dated 31.12.1991, w.e.f. 11.09.1992.
(3-c) The Chief Executive shall be deemed to be public servant within the meaning of Section 21 of the Indian Penal Code, 1860 ( 5 of 1860).
1[(4) to (4-d) x x x ] 2[(5) If in the opinion of the Registrar, any officer or office-bearer of a Society who having the power, by or under the bye-laws, to remain in custody of any cash belonging to the Society, keeps in his custody, without reasonable cause, any such money in excess of the permissible limit beyond the period allowed under the Bye-laws or in any other manner not permitted thereunder, the Registrar may, by order in writing, after giving such officer or office bearer a reasonable opportunity of being heard remove him from his office, and thereupon he shall be deemed to have vacated his office with effect from the date of the said order.]
3[(6) Where any vacancy in the office of a member or the President of a Committee arises by reasons of death, resignation or removal of any member or the President or 2[otherwise], such vacancy—
(a) shall be filled up in the same manner as it was originally filled up;
4[(b) shall, within fifteen days from the date of its occurrence, be intimated by the Chief Executive of the Society to the State Co-operative Election Commission to fill up the vacancy on receipt of intimation :
Provided that where a casual vacancy occurs in the office of the member and the term of that member remains less than half of his original term, the committee shall fill up such vacancy by nomination out of the same class of members in respect of which the casual vacancy has arisen.]
28-A. Election of Members of Committee :– 2[(1) 5(i) The President of the Committee of every Society shall be indirectly elected, in the manner prescribed, by and from among the members of the Committee; and 6[(ii) Other members of the Committee of a Primary Society shall be elected in such manner by and from among the General Body of members of the Society qualified for the purpose organised into such different constituencies as may be prescribed.
(ii-a) Other members of the Committee of a Central Society and an Apex Society shall be elected in such manner by and from among the qualified members of the Electoral College formed in such manner organised into such different constituencies as may be prescribed.]
1. Omitted by Orissa Act 28 of 1991, dated 31.12.1991, w.e.f. 11.09.1992.
2. Substituted by Orissa Act 28 of 1991, dated 31.12.1991, w.e.f. 11.09.1992..
3. Inserted by Orissa Act 19 of 1983, dated 11.10.1983.
4. Substituted by Orissa Act 1 of 2013, dated 30.01.2013.
5. Substituted by Orissa Act 7 of 1996, dated 22.04.1996.
6. Substituted by Orissa Act 10 of 2011, dated 23.09.2011.
3[(2) The Chief Executive of the Society, by whatever designation called, shall intimate the State Co-operative Election Commission, the date of expiry of the term of a committee six months before such expiry.]
4[(3) x x x ] 4[(4) x x x ] 4[(5) x x x ] 5[(6) x x x ] 6[(7) x x x ] 7[(8) Any expenditure required to be incurred inholding of election of members and President of a Committee or in connection with matters incidental thereto shall be met by the Society under the direction of the 3[State Cooperative Election Commission].]
8[28-AA. Superintendence, direction and control of elections to a Society vest in the State Co-operative Election Commission :– (1) The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to a Co-operative Society shall vest in the State Co-operative Election Commission consisting of a State Co-operative Election Commissioner appointed by the Governor and shall hold office for a period of five years from the date of his appointment or he attains the age of sixty five years whichever is earlier.
(2) No person shall be qualified for appointment as State Co-operative Election Commissioner unless he is or has been an officer of the Government not below the rank of Secretary to the Government, having experience in cooperative sector.
(3) A person appointed as State Co-operative Election Commissioner shall before he enters upon his office, make and subscribe before the Governor an oath or, affirmation in the form as may be prescribed.
(4) The salary and allowance payable to, and other terms and conditions of service of, the State Co-operative Election Commission shall be such as may be prescribed:
Provided that the conditions of service shall not be varied to his disadvantage after his appointment.
(5) The State Co-operative Election Commissioner may be removed from his office by the Governor on the ground of corruption or misdemeanour after the Lokpal, on a reference being made to it by the Governor, has, on inquiry held in accordance with the procedure prescribed in that behalf, reported that the State Co-operative Election Commissioner ought, on any such ground, to be removed.
3. Substituted by Orissa Act 1 of 2013, dated 30.01.2013.
4. Omitted by Orissa Act 1 of 2013, dated 30.01.2013.
5. Omitted by Orissa Act 28 of 1991, dated 31.12.1991, w.e.f. 11.09.1992.
6. Omitted by Orissa Act 19 of 1983, dated 11.10.1983.
7. Substituted by Orissa Act 19 of 1983, dated 11.10.1983.
8. Inserted by Orissa Act 1 of 2013, dated 30.01.2013.
(2) Subject to the provisions of this Act, Rules and the Bye-laws, the following matters shall be dealt with by the General Body:–
(a) approval of the programme of activities of the Society and Annual and Supplementary budgets;
(b) review of the programme for the year and its implementation;
(c) matters concerning the election of office-bearers;
(d) review of loans advanced to office-bearers and their near relatives or family members and direction for recovery of such loans;
(e) consideration of reports of Audit, Inspection and Inquiry, Annual Reports including the Annual Report of the Auditor-General, and directives of the Government, if any, action taken by the Committee thereon;
(f) review of the Reports of the Committee, Sub-Committees and the Chief Executive;
(g) creation of Reserve and other Funds and review of utilisation thereof;
(h) disposal of the net profits and review thereof;
(i) review of the operational deficits, if any, and allocation of liability on members in proportion to their transactions;
(j) membership of the Society in other Societies, partnership with other Societies and review of reports and accounts in respect of such partnership, if any;
(k) promotion of Subsidiary Organisations and review of Annual Reports and Accounts of Subsidiary Organisations, if any;
(l) amendments of the bye-laws;
(m) formulation of Code of Conduct for the members, office bearers, Officers and other employees of the Society;
(n) liquidation of the Society;
(o) acquisition of property and disposal, in the manner prescribed of its property;
(p) fixation of remuneration and other facilities to be allowed to the office bearers in connection with duties performed and meetings attended in their capacity as such;
(2) The office bearers of the Committee dissolved under Sub-Section (1) shall not be eligible for being chosen as office bearer of any Society until expiry of a period of two years from the date of such dissolution.]