(1) The general body of a co-operative society shall entrust the
management of the affairs of the society to a committee constituted in
accordance with the bye-laws:
Provided that in the case of a society registered after the commencement of this Act, the persons who have signed the application to register the society may appoint a committee to conduct the affairs of the society for the period of three months from the date of the registration, but the committee appointed under this proviso shall cease to function upon the constitution of a new committee which shall be constituted in accordance with the bye-laws within the said period of three months.
(2) The committee shall have such number of members as prescribed in the bye-laws:
Provided that the maximum number of the members of the committee shall not exceed 18[sixteen:]
Provided further that twelve members of the committee shall be elected by the general body of the society:
19[Provided also that no person shall be allowed to contest elections for more than one seat in the committee of a society:]
Provided also that one seat for the Scheduled Castes, one seat for the Scheduled Tribes and two seats for women shall be reserved in the committee of a co-operative society consisting of individuals as members and having members from such class or category of persons.
(3) The committee of a co-operative society shall co-opt such number of persons having experience in field of banking, management, finance or specialization in any other field relating to the objects and activities undertaken by the co-operative society as members of the committee as may be specified in the bye-laws:
Provided that the number of such co-opted members shall not exceed two in addition to 20[sixteen] members of the committee specified in the first proviso of sub-section (2):
Provided further that the functional directors of a co-operative society shall also be the members of the committee and such members shall be excluded for the purpose of counting the total number of members of the committee specified in the first proviso.
(4) The term of office of the elected members of the committee and its office bearers shall be five years from the date of election and the term of office bearers shall co-terminus with the term of the committee: 21[Provided that no person shall continue as a member of the committee, if he loses the basic eligibility as may be prescribed in rules for getting elected to such committee:]
22[Provided further that the committee may fill a casual vacancy on the committee by co-option in the manner prescribed, out of the same class of members in respect of which the casual vacancy has arisen, if the term of office of the committee is less than half of its original term:
Provided also that if a causal vacancy among the elected members of the committee has arisen and the term of office of the committee is more than half of its original term, such vacancy shall be filled up by election, and the member so elected, shall hold the office for the remainder of the term:]
23[Provided also that where the committee of a society is removed under section 30 and the remainder of the original term of the committee so removed is more than half of its original term, then the elections to the committee may be held for the remainder of the term of the committee so removed, but where the committee is removed after completion of half of its original term, elections to the committee of the society for a full term shall be held at a time decided by the State Co-operative Election Authority for the purpose of synchronizing elections of different tiers of the cooperative societies.]
(5) Each member of the committee, including the members nominated under section 29 or co-opted under sub-section (3), shall be entitled to cast one vote:
24[ Provided that where a member nominated under section 29 on the committee of a society is also holding charge of another member who is also a nominated member of the committee under section 29, shall be entitled to vote in his capacity as such other member also:]
25[ Provided further that members nominated under section 29 or co-opted under sub-section (3), shall not have any right to vote in any election of the co-operative society in their capacity as such members or to be eligible to be elected as office bearers of the committee:]
26[ Provided also that where the Chief Executive Officer or a member nominated by the Government has any dissent with the resolution passed by the committee, such Chief Executive Officer or the member shall inform the Registrar about such dissent preferably on the same day but in any case within fifteen days from the date of such resolution.]
27[ 27A. Appointment and Removal of the Chief Executive Officer.-
(1) The Chief Executive Officer of the Apex Co-operative Bank or a Central Co-operative Bank shall be appointed by the committee of the concerned bank and fulfil such criteria as may be stipulated by the Reserve Bank of India.
(2) A person who does not fulfil the criteria for the post of the Chief Executive Officer of the Apex Co-operative Bank or a Central Cooperative Bank as stipulated by the Reserve Bank of India shall be treated as ineligible for such post and if such person is holding the post, he shall be removed on receipt of advice to this effect from the Reserve Bank of India or the National Bank.
Provided that in the case of a society registered after the commencement of this Act, the persons who have signed the application to register the society may appoint a committee to conduct the affairs of the society for the period of three months from the date of the registration, but the committee appointed under this proviso shall cease to function upon the constitution of a new committee which shall be constituted in accordance with the bye-laws within the said period of three months.
(2) The committee shall have such number of members as prescribed in the bye-laws:
Provided that the maximum number of the members of the committee shall not exceed 18[sixteen:]
Provided further that twelve members of the committee shall be elected by the general body of the society:
19[Provided also that no person shall be allowed to contest elections for more than one seat in the committee of a society:]
Provided also that one seat for the Scheduled Castes, one seat for the Scheduled Tribes and two seats for women shall be reserved in the committee of a co-operative society consisting of individuals as members and having members from such class or category of persons.
(3) The committee of a co-operative society shall co-opt such number of persons having experience in field of banking, management, finance or specialization in any other field relating to the objects and activities undertaken by the co-operative society as members of the committee as may be specified in the bye-laws:
Provided that the number of such co-opted members shall not exceed two in addition to 20[sixteen] members of the committee specified in the first proviso of sub-section (2):
Provided further that the functional directors of a co-operative society shall also be the members of the committee and such members shall be excluded for the purpose of counting the total number of members of the committee specified in the first proviso.
(4) The term of office of the elected members of the committee and its office bearers shall be five years from the date of election and the term of office bearers shall co-terminus with the term of the committee: 21[Provided that no person shall continue as a member of the committee, if he loses the basic eligibility as may be prescribed in rules for getting elected to such committee:]
22[Provided further that the committee may fill a casual vacancy on the committee by co-option in the manner prescribed, out of the same class of members in respect of which the casual vacancy has arisen, if the term of office of the committee is less than half of its original term:
Provided also that if a causal vacancy among the elected members of the committee has arisen and the term of office of the committee is more than half of its original term, such vacancy shall be filled up by election, and the member so elected, shall hold the office for the remainder of the term:]
23[Provided also that where the committee of a society is removed under section 30 and the remainder of the original term of the committee so removed is more than half of its original term, then the elections to the committee may be held for the remainder of the term of the committee so removed, but where the committee is removed after completion of half of its original term, elections to the committee of the society for a full term shall be held at a time decided by the State Co-operative Election Authority for the purpose of synchronizing elections of different tiers of the cooperative societies.]
(5) Each member of the committee, including the members nominated under section 29 or co-opted under sub-section (3), shall be entitled to cast one vote:
24[ Provided that where a member nominated under section 29 on the committee of a society is also holding charge of another member who is also a nominated member of the committee under section 29, shall be entitled to vote in his capacity as such other member also:]
25[ Provided further that members nominated under section 29 or co-opted under sub-section (3), shall not have any right to vote in any election of the co-operative society in their capacity as such members or to be eligible to be elected as office bearers of the committee:]
26[ Provided also that where the Chief Executive Officer or a member nominated by the Government has any dissent with the resolution passed by the committee, such Chief Executive Officer or the member shall inform the Registrar about such dissent preferably on the same day but in any case within fifteen days from the date of such resolution.]
27[ 27A. Appointment and Removal of the Chief Executive Officer.-
(1) The Chief Executive Officer of the Apex Co-operative Bank or a Central Co-operative Bank shall be appointed by the committee of the concerned bank and fulfil such criteria as may be stipulated by the Reserve Bank of India.
(2) A person who does not fulfil the criteria for the post of the Chief Executive Officer of the Apex Co-operative Bank or a Central Cooperative Bank as stipulated by the Reserve Bank of India shall be treated as ineligible for such post and if such person is holding the post, he shall be removed on receipt of advice to this effect from the Reserve Bank of India or the National Bank.
18 Substituted by Act No. 7 of 2016 for - 'twenty one'(w.e.f. 4.4.2016).
19 Inserted by Act No. 7 of 2016 (w.e.f. 4.4.2016).
20 Substituted by Act No. 7 of 2016 for - 'twenty one'(w.e.f. 4.4.2016).
21 Inserted by Act No. 7 of 2016 (w.e.f. 4.4.2016).
22 Substituted by Act No. 7 of 2016 (w.e.f. 4.4.2016).
23 Added by Act no. 31 of 2015 (w.e.f. 30.6.2015)
24 Inserted by Act No. 7 of 2016 (w.e.f. 4.4.2016).
25 Substituted by Act No. 7 of 2016 (w.e.f. 4.4.2016)
26 Substituted by Act No. 7 of 2016 (w.e.f. 4.4.2016)
27 Inserted by Act No. 7 of 2010 (w.e.f. 16.102009).