(1) The management of every co- operative society shall vest in Committee of management constituted in accordance with this Act, the rules and the byelaws, which shall exercise such powers and perform such duties as may be conferred or imposed by this Act, the rules and the by-laws.
(2) The term of every Committee of management shall be [three years] 3 and the term of the elected members of the committee of management shall be coterminus with the term of such committee :
[Provided that the tenure of the Management Committee and its elected members, having completed the period of two years form the date of its constitution on or prior to the date of the commencement of the Act, shall expire on such commencement.]
1 {(3) To ensure that the newly elected members of the Board assume office immediately on the expiry of the office of members of the outgoing Board, the election shall be conducted before the expiry of the term of the Board.} 4 {(3-a) To prepare electoral rolls of all elections of every co-operative Society and power of conduct, superintendent, direction and control of all elections shall be vested in the independently constituted Co-operative Election Authority by the State Government.
(3-b) 6 [There shall be a Chairman and three members in the Co-operative Election Authority, in which tow members shall be from Cooperative Service and one from Apex Cooperative Societies. The terms and service conditions of the Chairman and members and the number of employee and their qualifications shall be such as may prescribed by the State Government.]
6 } 5
1. Added by section 2 (b) of Uttarakhand Act No. 09 of 2007.
2. Subs. by section 2 (c) ibid.
3. Subs. by section 2 of Uttarakhand Act No. 22 of 2010.
4. Subs. by section 2 (1) of Uttarakhand Act No. 22 of 2013.
5. Subs. By section 3 of Uttrakhand Act no 10 of 2015.
6. Subs. by section 2 of Uttarakhand Act no. 8 of 2017.
(4) It shall be the duty of Chief Executive, (Secretary/G.M/managing Director by whatsoever name he is designated) of the co-operative society to send to the Registrar, [two months] 1 before the expiry of the term of committee of management, a requisition for conduction the election and to furnish all such information as may be required by him within such period as may be fixed by him.
(5) (a) Where, for any reason whatsoever, the election of the elected members of the committee of management has not taken place or could not take place before the expiry of the term of elected members, the committee of management shall, notwithstanding anything to the contrary in this Act or the rules, or the bye-laws of the society, cease to exist on the expiry of such term.
(b) On or as soon as may be after the expiry of such term, the Registrar shall appoint an Administrator or a committee of Administrators (hereinafter, in this section, referred to as the committee) for the management of the affairs of the society until the reconstitution of the committee of management in accordance with the provisions of the Act, the rules and the bye-laws of the society, and the Registrar shall have the power to change the administrator or, as the case may be, any member of the committee or to appoint a committee in place of an administrator or vice versa from time to time.
(c) Where a committee is appointed under clause (b), it shall consist of a Chairman and such other members not exceeding five as may be nominated by the Registrar, out of which at least one shall be Government servant.
(d) The procedure for summoning and holding of meetings of the committee, the time and place of holding such meetings, the conduct of business at such meetings and the number of members necessary to form quorum thereof shall be such as may be prescribed.
(e) So long as no administrator or, as the case may be, the committee is appointed under clause (b), Chief Executive i.e. the Secretary/G.M. or the Managing Director, as the case may be, of the society shall be in charge only of the current duties of the committee of management.
Explanation- where results of the election of members of the committee of management have not been or could not be declared, for any reason whatsoever, before the expiry of the term of the elected members of the outgoing committee of management, it shall be deemed that the election of the elected members of the committee of management has not taken place within the meaning of this sub-section.
(6) The Administrator or the Committee appointed under sub-section (5) shall, subject to any directions which the Registrar may from time to time give, have the power to perform all or any of the functions of the committee of management or of any officer of the society and shall be deemed for all purposed under this Act, the rules and the bye-laws of the society to be the committee of management and the Chairman of such committee shall exercise the powers and perform the function of the Chairman of the committee of management.
(7) The administrator or the committee, as the case may be, appointed under subsection (5), shall as soon as may be but not later than the expiry of {one year and six months} 1 from the date of appointment, arrange for the reconstitution of the committee of management in accordance with the provisions of the Act, the rules and the bye-laws of the society to take over the management of the society from the Administrator or the committee, as the case may be :
Provided that where an Administrator is replaced by a committee or a committee by an Administrator as provided in clause (b) of sub-section
(5), the period of [one year and six months] 1 shall count from the date the Administrator or the committee, as the case may be was originally appointed.
Chairman 30. (1) Every co-operative society shall have a Chairman and Vice-chairman elected or nominated in accordance with the provisions of this Act, the rules and the bye-laws;
(2) The Chairman shall, when present- (A) preside only the meeting of the general body and the committee of management; and (B) have a second vote in the event of equality of votes on any matter being decided by the Board & General meeting and shall exercise such powers and perform such duties as may be conferred or imposed on him by this Act, the rules, the bye-laws and the resolutions of the committee of management.
(3) The Vice-chairman shall preside, in the absence of the Chairman, at the meeting of the general body or the committee of management and shall exercise such powers and perform such duties as may be delegated to him in writing by the Chairman subject to the bye-laws.
(4) In the event of occurrence of any vacancy in the office of the Chairman by reason of his death, resignation or removal or otherwise, the Vicechairman shall perform the duties of the chairman until the date on which a new chairman is duly elected or nominated.
Motion of noconfidence against Chairman or Vice-Chairman
30.A (1) A motion expressing no-confidence against the Chairman or the Vice- Chairman of a co-operative society shall be made and proceeded with in accordance with the procedure as may be prescribed.
(2) When a motion for no-confidence is carried, the Chairman or the Vicechairman against whom it is carried shall cease to hold that office forth-with and shall be succeeded by his successor, who shall be elected by another resolution in the same meeting in the manner as may be prescribed.
Chief Executive and his Emoluments and functions