(1) There shall be a board for every co-operative society to manage its affairs and the board shall consist of such number of directors as may be specified in the by-laws of the co-operative society. The directors shall be elected by the members of the co-operative society in a general meeting:
Provided that the number of directors to be elected by the members of a co-operative society shall not be less than six or more than fifteen, but where any co-operative society has less than twelve members, the number of such directors shall not be less than three or more than five.
(2) The State Government or any authority specified by it in this behalf may nominate on the board one or more persons under section 33.
(3) The employees of a co-operative society having not less than ten employees may elect from amongst themselves one person on the board.
(4) Where a co-operative society has a Chief Executive paid out of the funds of the co-operative society, such Chief Executive shall be an ex officio director on the board.
(5) A Gram Panchayat, constituted under the West Bengal Panchayat Act, 1973, may nominate one of its members on the board of a primary cooperative agricultural credit society doing business within the jurisdiction of that Gram Panchayat. A Panchayat Samiti constituted under the said Act may nominate one of its members on the board of a primary cooperative agricultural credit society doing business in the areas covered by more than one Gram Panchayat within the jurisdiction of the concerned Panchayat Samiti.
(6) The directors referred to in sub-sections (3), (4) and (5) shall have no right to vote in any meeting of the board and shall not hold any office in the board but shall have the right to record their views in the minute book.
West Ben.
Act I of
1974.
330 The West Bengal Co-operative Societies Act, 1983.
XLV of 1983.]
(Chapter IV—Status and management of co-operative societies.—Section 27.)
(7) No act or proceedings of a board shall be deemed to be invalid merely by reason of the absence of any nomination under sub-section (2) or sub-section (5) or any election under sub-section (3) on account of such nomination not being made or such election not being held for any reason whatsoever.
(8) A director elected under sub-section (1) or sub-section (3) or nominated under sub-section (5) shall hold office for a period of three years from the date of his election or nomination, as the case may be:
Provided that a director elected under sub-section (3) or nominated under sub-section (5) shall not be eligible for re-election or re-nomination, as the case may be, within a period of three years from the date of expiry of his terms of office.
(9) No designated officer who has been or but for his voluntary resignation could have been such designated officer for two consecutive terms or seventy-two months, whichever is less, shall be eligible for reelection, appointment, co-option or nomination, as an office-bearer until after the expiry of three years from the date of occurrence of the disqualification or of retirement:
Provided that nothing in this sub-section shall apply to a director nominated by the State Government under sub-section (2).
Explanation.—"Designated Officer" shall mean an officer of a cooperative society, by whatever name called.
(10) No member of a co-operative society shall be eligible for being elected on the board, if—
(a) he has been adjudged by a competent Court to be insolvent or of unsound mind;
(b) he has been convicted by a Court of any offence involving moral turpitude and sentenced to fine or imprisonment or both;
(c) he holds any office of profit in the co-operative society:
Provided that a member of an industrial co-operative society composed of artisans or workmen or of a transport cooperative society composed of workers or of a labour cooperative society composed of persons who live on manual labour (skilled or un-skilled) or of an engineers' co-operative society or of a co-operative society established by tribals in receipt of salaries or wages from such co-operative society shall be eligible for being elected on the board;
(d) he has any interest in any business of the kind carried on by the co-operative society;
331 The West Bengal Co-operative Societies Act, 1983.
[West Ben. Act (Chapter IV.—Status and management of co-operative societies.—Section 27.)
(e) (i) he is an individual, not representing any co-operative society, and is in default of payment of loans or price of goods received by him on credit from the co-operative society on the date of filing nomination (in the case of a co-operative society where such nomination is required to be filed) or on the date of election (in the case of a cooperative society where nomination is not required to be filed); or
(ii) he is an individual representing a co-operative society which is in default of payment of more than forty per cent. of loans or price of goods received by it on credit from the co-operative society in relation to the board to which the election relates on the date of filing nomination or on the date of election (without nomination), as the case may be;
(f) he has any direct or indirect interest in any agreement or contract to which the co-operative society is a party;
(g) he receives emoluments or allowances (other than travelling allowances or sitting fees) or honorarium without the approval of the members of co-operative society at a general meeting and in excess of the prescribed limit or rate;
(h) he is disqualified under sub-section (5) of section 26.
(11) A director shall not receive any emoluments or allowances (other than travelling allowances and sitting fees) or honorarium without the approval of the members of the co-operative society at a general meeting:
Provided that such emoluments or allowances or honorarium shall not exceed such limit or rate as may be prescribed.
(12) No person shall at any time as a member or as a delegate of any co-operative society hold office as a director of the board of more than—
(a) four primary societies;
(b) one central society; and
(c) one apex society:
Provided that a member of a district co-operative union or the State Co-operative Union may hold office as a director of the board of not more than four primary societies, one central society and one apex society excluding the concerned district co-operative society or the State Co-operative Union and that 332 The West Bengal Co-operative Societies Act, 1983.
XLV of 1983.]
(Chapter IV.—Status and management of co-operative societies.—Sections 28, 29.)
a director of the board of a central society or an apex society shall be elected as a director of the board of the State Cooperative Union or a district co-operative union:
Provided further that the provision of this sub-section shall not apply to a director referred to in sub-sections (2),
(3), (4) and (5).
(13) After the commencement of this Act, any person holding the office of a director of a board in contravention of sub-section (12) shall, within a period of two months from such commencement, resign his office as such in respect of such number of societies specified in sub-section (12) as may be necessary, failing which he shall cease to be a director of the board of all such societies on the expiry of the aforesaid period.