section 48
Final authority in society.
The Chhattisgarh Co-operative Societies Act, 1960Corporate1960195 sections
Statutory text
- (1) The final authority in a society shall vest in the general body of members; Provided that the byelaws of a society may provide for the constitution of a smaller body consisting of delegates elected in accordance with such byelaws to exercise powers of the general body or as may be specified in the byelaws of the society. (2) Subject to sub-section (1), the management of every society shall vest in a committee constituted in accordance with this Act or rules made thereunder or byelaws of the society and it shall exercise such powers and perform such duties as may be conferred or imposed respectively by the Act or rules made thereunder or byelaws of the society. (3) (a) On the committee of primary society (i) In which half or more than half the members belong to scheduled castes, scheduled tribes and other backward classes not less than half the total number of seats, shall be reserved for the members belonging to such castes, trives and backward classes in such proportion as may be prescribed; (ii) In which one fourth or more than one fourth, but less than half the members belong to Scheduled Castes, Scheduled Tribes and other background classes, three seats shall be reserved for the members belonging to such castes, tribes and background classes of which one seat each shall be reserved for each class; (iii) In which the number of members belonging to Scheduled Castes, Scheduled Tribes and other backward classes is less then one fourth of total numbers of members one seat shall be reserved for a member belonging to such castes, tribes and other backward classes, which has the larger number of members in the society. (iv) Which is the operating in a Scheduled Area, the number of seats to be reserved for Scheduled Tribes shall bear as nearly as may be the same proportion as members belonging to Scheduled Tribes bear to the total memberships of the society. Explanation: For the purpose of this clause the District Co-operative Agriculture And Rural Development Bank shall be deemed to be a primary society; (b) On the Committee of such Central or Apex Society or class of Central or Apex Societies, as the State Govermment may having regard to the total membership of [Scheduled Castes, Scheduled Tribes and other backward classes] in the Primary Societies affiliated to such Apex or Central Society, by general or special order, direct, such number of seats as may be specified in the order shall be reserved for the members belonging to of [Scheduled Castes, Scheduled Tribes and other backward classes] Provided that the number of seat so reserved shall not exceed for each category of members; Provided further that on the Committee of every Central or Apex Society of the Resource class at least one seat each shall be reserved for the members of [Scheduled Castes, Scheduled Tribes and other backward classes] (c) In the event of society failing to elect requisite number of members or electing less than such number of members, as is specified in clauses (a) and (b), the members of the committee shall co-opt the requisite number of members from amongst members of such society eligible for such representation and in the event of the Committee failing to do so Registrar shall nominate the requisite number of members from amongst members of such society eligible for such representation; (5) There shall be a President/Chairman and two Vice Presidents/ Vice-Chairmen in a resource society. Out of the two offices of Vice-president/ Vice-Chairman- (i) One shall be held by a woman member, and (ii) One shall be held, if the chairman is not elected from amongst persons belonging to scheduled castes, scheduled Tribes and other Backward Classes, by a person belonging to these categories and otherwise, by any person; Provided that in case of such resource society other than a Nagrik Co-operative Bank or Urban Co-operative Credit Society or Thrift Society, operating in a Scheduled area, the chairman or president shall be elected only from amongst persons belonging to Scheduled Tribes. Explanation: For the purpose of this Section- (i) “Scheduled Caste” means any caste, race or tribe or part of or group within a caste, race of tribe specified in relation to State of Chhattisgarh under Article 341 of the Constitution of India. (ii) “Scheduled Tribe” means any tribe, Tribal community or part of or group within a Tribe or Tribal community specified as such in relation to the State of Chhattisgarh under Article 342 of the Constitution of India. (5-A) There shall be a President or Chairman and Vice President or Vice Chairman in consumer society of whom one shall be a woman. (6) No person who is individual member in a Central Co-operative Bank shall hold any specified office in the Central or Apex Society. (7) In a resource society, no person who is a non-borrowing member shall be qualified for election as member of the committee, delegate or representative nor shall he be entitled to vote in any election of the committee, delegate or representative of the society: Explanation.- A non-borrowing member shall be one who never borrowed from such a Bank or society in which he is a member. Provided that the provisions of this sub-section shall apply to the society from the date it commences its lending operations; Provided further that the provisions of this sub-section shall not apply to the society in so far as its first provisional committee/nominated committee is concerned.
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