Supersession of governing body

(1) If in the opinion of the State Government, the governing body of any society aided by the State Government— (a) persistently makes default or is negligent in the performance of the duties imposed on it by or under this Act or the rules or bylaws of the society or by or under any lawful order passed by the State Government or the Registrar; or (b) commits acts which are prejudicial to the interest of the society or its members; or (c) is otherwise not functioning properly; the State Government may, by written order, remove such governing body and appoint any person or persons to manage the affairs of the society for such specified period which shall not exceed two years in the first instance: Provided that where it is proposed to remove the governing body of a society only on the ground that the governing body of the society has not been constituted in accordance with, no proceedings shall be taken under this sub-section unless the Registrar or any officer authorised by him in this behalf has convened a meeting of the general body for holding election to the governing body in accordance with this Act or the rules or bylaws made thereunder, and it has failed to elect a new governing body: Provided further that the Registrar or any officer authorised by him in this behalf shall have all necessary powers for the purpose of holding the election under or in accordance with the rules or bylaws made under this Act. (2) No order under sub-section (1) shall be made unless the governing body has been given a reasonable opportunity of showing cause against the proposed order and, where an application is made by it, the same has been considered. (3) The period specified in the order under sub-section (1) may be extended by the State Government from time to time as it may deem fit: Provided that no such order shall remain in force for a total period exceeding three years. (4) The person or persons so appointed shall, subject to the control of the Registrar and to such instructions as he may from time to time give, have power to exercise all or any of the functions of the governing body or of any officer of the society and take all such actions as may be required in the interest of the society. (5) The State Government may fix the remuneration of the person or persons so appointed, and the amount of such remuneration and other costs, if any, incurred in the management of the society shall be payable from the funds of the society. (6) The person or persons so appointed shall, on the expiration of his or their term of office, arrange for the constitution of a new governing body in accordance with the bylaws of the society. (7) If there is any difference of opinion between the general body of the society and the person or persons appointed under sub-section (1) regarding any matter, it shall be referred to the Registrar for his decision and his decision thereon shall be final. (8) During the period between the issue of notice and the passing of the order for supersession of the governing body, the State Government may require the governing body to act under the supervision and subject to the approval of such authority as the State Government may specify in this behalf, and no order passed or resolution adopted or any other work done by the governing body shall be effective unless approved by such specified authority.