Supersession of the committee

(1) (a) Notwithstanding anything contained in any law for the time being in force, no committee shall be superseded or kept under suspension for a period exceeding six months. (b) The Committee may be superseded or kept under suspension in case-(i) of its persistent default; or(ii) of negligence in the performance of its duties; or(iii) The Board has committed any act prejudicial to the interests of the co-operative society or its members; or(iv) There is stalemate in the constitution or functions of the Board; or(v) [xxx] (c) by order, supersede or suspend the Committee from a specified date and appoint the Official Administrator (The Registrar may after giving the Committee an opportunity of making its representations) to manage the affairs of the society, as per the conditions of service as may be prescribed, for a period of not exceeding six months: Provided that the Committee of any such co-operative society shall not be superseded or kept under suspension where there is no Government shareholding or loan or financial assistance/subsidy of any form or any guarantee by the Government: Provided further that in case of a Co-operative society carrying on the business of banking, the provisions of the Banking Regulation Act, 1949 shall also apply: Provided also that in case of a Co-operative society, other than a multi-state co-operative society, carrying on the business of banking, the period of supersession or suspension shall be for one year instead of six months. (d) In case of supersession/suspension of a Board, the Registrar shall appoint the Official Administrator(s) to manage the affairs of such co-operative society and the said Administrator(s) shall arrange for conduct of elections by the State Co-operative Election Authority within the period specified in sub-section (1) (a) of this section and hand over the management to the elected board. (2) [xxx] (3) The Administrator(s) shall, subject to control of Registrar and to such directions as he may from time to time, give, have power to exercise all or any functions of the committee or of any officer of the society provided that no crucial policy decisions are taken by the Administrator(s). (4) The Registrar may fix the remuneration payable to the Administrator(s). The amount of remuneration so fixed and such other expenditure incidental to the management of the society during the period of the supersession as may be approved by the Registrar shall be payable from the funds of the society. (5) [xxx] (6) Where a society is indebted to any financing bank, the Registrar shall, before taking any action under sub-section (1) in respect of that society, consult the financing bank. (12) If the motion is not carried by such a majority aforesaid or if the meeting could not be held for want of a quorum, no notice of any subsequent motion expressing want of confidence in the same president or as the case may be, the Vice-President shall be made untill, after the expiration of one year from the date of the meeting. (13) No notice of a motion under this section shall be made within three years of the assumption of office by a President or the Vice-President. (14) The provisions of this section shall not apply in respect of president of any co-operative society elected by the members of the general body from among themselves.