37[
(1) Where -
(a) the committee of a co-operative society -
(i) persistently makes default; or
(ii) is negligent in the performance of its duties imposed on it by this Act or the rules or the bye-laws; or
(iii) commits any act prejudicial to the interest of the society or its members; or
(b) there is stalemate in the constitution or functions of the committee.
the Zonal Registrar, in case of a primary society, the Registrar, Cooperative Societies, Rajasthan, in case of a central society and the State Government, in case of an apex society may, after giving the committee a reasonable opportunity of being heard, by order in writing, remove the committee and appoint a Government servant as an Administrator to manage the affairs of the society till the elections are held to the committee of the society:
Provided that in case of a co-operative society carrying on the business of banking, the provisions of the Banking Regulation Act, 1949 (Central Act No. 10 of 1949) shall also apply.]
(2) If any member of the committee persistently makes default or is negligent in the performance of his duties imposed by this Act or the rules or the bye-laws made thereunder or commits any act prejudicial to the interest of the society or its members, the Zoanl Registrar, in case of primary society, the Registrar, Co-operative Societies, Rajasthan, in case of a central society and the State Government in case of an apex society may, after giving a reasonable opportunity of being heard, remove such member by order in writing.
38[ (3) The Administrator so appointed shall have powers to perform all or any of the functions of the elected committee and take all such actions as may be required in the interest of the society, subject to the control of the Registrar and to such instructions as he may give from time to time.]
39[30-A.Obligations of the Registrar to ensure compliance of Reserve Banks of India's regulatory prescriptions - (1) The Registrar shall ensure that Reserve Bank of India's regulatory prescriptions including recommendation for supersession of the committee or winding up of the Apex Co-operative Bank and Central Co-operative Banks are implemented within one month of being advised by the Reserve Bank of India.
(2) The Registrar shall ensure that the Liquidator or the Administrator, as the case may be, is appointed within one month of being advised by the Reserve Bank of India for winding up or supersession of the committee.
(3) The Registrar shall, within one month, ensure removal of Chief Executive Officer of the Apex Co-operative Bank or a Central Cooperative Bank who does not fulfil eligibility criteria specified by the Reserve Bank of India and a request has been received from the Reserve Bank of India or the National Bank to that effect.
(4) The Registrar shall, within one month, on being advised by the Reserve Bank of India or the National Bank, ensure removal of any person elected or co-opted as a member of the committee under subsection (2-A) of Section 27 without having the requisite qualification mentioned therein.]
40[30-B.Autonomy in all financial and internal administrative matters. - A short term co-operative credit structure society shall, subject to the general conditions and norms laid down by the Registrar in this regard, have autonomy in its financial and internal administrative matters including the following areas, namely:-
(a) personnel policy, staffing, recruitment, posting and compensation to staff;
(b) issues relating to affiliation and disaffiliation with any federal structure of its choice including entry and exit at any level;
(c) area of operation according to its business requirements; and
(d) internal control systems.]
41[ 30-C.Appointment of Administrator on completion of term of the committee. - (1) Where the term of existing committee has expired and the State Cooperative Election Authority has failed to conduct elections for a new committee, for whatever reason, in accordance with the provisions of this Act or the rules made thereunder, the Registrar may, by an order in writing, appoint a Government servant as an Administrator to manage the affairs of the society till the elections are held to the committee of the society.
(2) The Administrator so appointed shall have powers to perform all or any of the functions of the elected committee and take all such actions as may be required in the interest of the society, subject to the control of the Registrar and to such instructions as he may give from time to time.]
(a) the committee of a co-operative society -
(i) persistently makes default; or
(ii) is negligent in the performance of its duties imposed on it by this Act or the rules or the bye-laws; or
(iii) commits any act prejudicial to the interest of the society or its members; or
(b) there is stalemate in the constitution or functions of the committee.
the Zonal Registrar, in case of a primary society, the Registrar, Cooperative Societies, Rajasthan, in case of a central society and the State Government, in case of an apex society may, after giving the committee a reasonable opportunity of being heard, by order in writing, remove the committee and appoint a Government servant as an Administrator to manage the affairs of the society till the elections are held to the committee of the society:
Provided that in case of a co-operative society carrying on the business of banking, the provisions of the Banking Regulation Act, 1949 (Central Act No. 10 of 1949) shall also apply.]
(2) If any member of the committee persistently makes default or is negligent in the performance of his duties imposed by this Act or the rules or the bye-laws made thereunder or commits any act prejudicial to the interest of the society or its members, the Zoanl Registrar, in case of primary society, the Registrar, Co-operative Societies, Rajasthan, in case of a central society and the State Government in case of an apex society may, after giving a reasonable opportunity of being heard, remove such member by order in writing.
38[ (3) The Administrator so appointed shall have powers to perform all or any of the functions of the elected committee and take all such actions as may be required in the interest of the society, subject to the control of the Registrar and to such instructions as he may give from time to time.]
39[30-A.Obligations of the Registrar to ensure compliance of Reserve Banks of India's regulatory prescriptions - (1) The Registrar shall ensure that Reserve Bank of India's regulatory prescriptions including recommendation for supersession of the committee or winding up of the Apex Co-operative Bank and Central Co-operative Banks are implemented within one month of being advised by the Reserve Bank of India.
(2) The Registrar shall ensure that the Liquidator or the Administrator, as the case may be, is appointed within one month of being advised by the Reserve Bank of India for winding up or supersession of the committee.
(3) The Registrar shall, within one month, ensure removal of Chief Executive Officer of the Apex Co-operative Bank or a Central Cooperative Bank who does not fulfil eligibility criteria specified by the Reserve Bank of India and a request has been received from the Reserve Bank of India or the National Bank to that effect.
(4) The Registrar shall, within one month, on being advised by the Reserve Bank of India or the National Bank, ensure removal of any person elected or co-opted as a member of the committee under subsection (2-A) of Section 27 without having the requisite qualification mentioned therein.]
40[30-B.Autonomy in all financial and internal administrative matters. - A short term co-operative credit structure society shall, subject to the general conditions and norms laid down by the Registrar in this regard, have autonomy in its financial and internal administrative matters including the following areas, namely:-
(a) personnel policy, staffing, recruitment, posting and compensation to staff;
(b) issues relating to affiliation and disaffiliation with any federal structure of its choice including entry and exit at any level;
(c) area of operation according to its business requirements; and
(d) internal control systems.]
41[ 30-C.Appointment of Administrator on completion of term of the committee. - (1) Where the term of existing committee has expired and the State Cooperative Election Authority has failed to conduct elections for a new committee, for whatever reason, in accordance with the provisions of this Act or the rules made thereunder, the Registrar may, by an order in writing, appoint a Government servant as an Administrator to manage the affairs of the society till the elections are held to the committee of the society.
(2) The Administrator so appointed shall have powers to perform all or any of the functions of the elected committee and take all such actions as may be required in the interest of the society, subject to the control of the Registrar and to such instructions as he may give from time to time.]
37 Substituted by Act No. 31 of 2015 (w.e.f. 30.6.2015).
38 Substituted by Act No. 31 of 2015 (w.e.f. 30.6.2015).
39 Inserted by Act no. 7 of 2010 (w.e.f. 16.102009).
40 Substituted by Act No. 7 of 2016 (w.e.f. 4.4.2016).
41 Inserted by Act No. 31 of 2015 (w.e.f. 30.6.2015).