2[(1) Notwithstanding anything contained in the bye-laws of a society, where on the proposal of the Registering Authority of the society or otherwise, it come to the knowledge of the authority specified in subsection (1) or (2) of section 30, that the committee or a member of the committee of a society, as the case may be, is required to be removed for the reasons mentioned in the respective sub-sections as above, he shall, before making an order of such removal, give an opportunity to the committee or member concerned to show cause, within fifteen days from the date of issue of notice, as to why such order shall not be passed.
1 Re-numbered by G.S.R. 53 dated 10.7.2017, published in Raj. Gazette E.O. part 4 (x)(I) dated
10.7.2017, come into force at once.
2 Substituted by G.S.R. 53 dated 10.7.2017, published in Raj. Gazette E.O. part 4 (x)(I) dated
10.7.2017, come into force at once.
45
(2) If the competent authority is satisfied, after giving an opportunity o being heard to the committee or the member concerned, that the conditions exist, which make it necessary or desirable to take action under section 30, he shall, by an order in writing, -
(a) remove the committee and appoint an administrator, who shall be a government servant, to manage the affairs of the society; or
(b) remove the member of the committee and the vacancy shall be filled in as per the provisions of the Act.
(3) Notwithstanding anything contained in this rule, the Registrar, Co-operative Societies, Rajasthan shall remove the committee of the Apex Co-operative Bank or a Central Co-operative Bank on the recommendation of the Reserve Bank of India or of any other Cooperative Bank on the recommendation of the Reserve Bank of India and appoint an administrator in its place within one month of such recommendation.]
1[(4)] Immediately after appointment of an administrator 2[under the provisions of this Act], the committee in whose place such appointment is made and officers of the society shall give the administrator the charge of all the books, accounts, documents, papers, securities, cash and other properties belonging to, or in the custody of the society.
1 Re-numbered by G.S.R. 53 dated 10.7.2017, published in Raj. Gazette E.O. part 4 (x)(I) dated
10.7.2017, come into force at once.
2 Substituted by G.S.R. 53 dated 10.7.2017, published in Raj. Gazette E.O. part 4 (x)(I) dated
10.7.2017, come into force at once.
46 1[(5)] The Chairman or any elected officer of a society may be removed from the office by a resolution passed in a general meeting specifically convened for the purpose.
1[(6)] Immediately after the removal of the committee or a member thereof, the Chief Executive Officer shall take necessary steps for conducting elections to the committee or for filling up the vacancy of the member, as the case may be, in accordance with the provisions of the Act, these rules and the bye-laws.