Section 14A in Jharkhand Co-operative Societies Act, 2008
14A. Registered societies to have a managing committee etc.
(1)The management of a registered society shall be vested in a managing committee constituted in accordance with the provisions of this Act and Rules/bye laws of the society made under this Act.Notwithstanding anything contained in any provision of this Act or Rules/ bye laws of the society the maximum number of members including the office bearer in a Managing Committee of a society shall be as follows: -a. In case of apex society, it shall be fifteen percent of the total number of members or twenty seven, which ever is less subject to a minimum of fifteen members.b. In case of central society, it shall be fifteen percent of the total number of members or seventeen in number whichever is less subject to a minimum of eleven members.c. In case of primary society, it shall be fifteen percent of the total number of members or thirteen in number which ever is less subject to a minimum of seven members.Provided that in the Managing Committee of such registered societies or of class of societies and in such areas as the State Government may, by general or special order, direct that at least two seats shall be reserved for members belonging to the scheduled tribes, one seat for scheduled caste, three seats for women. The seats so reserved, shall be filled up from amongst the members of scheduled castes, scheduled tribes and women members either by election or/and by co-option. This provision shall apply to all the Societies from the Primary Society up to the Apex Society.(2)An Officer of the State Government if deputed to a registered society either as a Managing Director, Executive officer or in similar position shall be the Chief Executive thereof and subject to general direction, suprintendence and control of the Managing Committee, shall have the following powers and functions; -(i)to have general control over the administration of the registered society;(ii)to convene meetings of the Managing Committee;(iii)to receive all money and securities on behalf of the registered society and to make arrangement for the proper maintenance and custody of cash balances and other properties of the registered society;(iv)to endorse and transfer promissory notes, Government and other Securities and to endorse, sign and negotiate cheques and other negotiable instrument on behalf of the registered society;(v)to be responsible for the general conduct, supervision and management to the day- to - day business and affairs of the registered society;(vi)to sign all deposits, receipts and operate the accounts of the registered society with Bank;(vii)to sign all bonds and agreements on behalf of the registered society;(viii)to determine the powers, duties and responsibilities of the employees of the registered society;(ix)to appoint, promote, transfer, punish, suspend, remove or dismiss any paid employee of the registered society except to the employees of the registered society;(x)to institute, conduct, defend, compound or to withdraw any suit or other legal proceedings for or against the registered society and also to compound and allow time for payment to satisfaction of any claims;(xi)to delegate all or any of the powers to an employee or employee of the registered society subject to his control and supervision;(4)Notwithstanding any thing contained in any provision of this Act, or of Rules framed there under or the bye laws of any registered Society where the State Government has subscribed directly to the Share Capital of a registered Society, an amount exceeding Rupees Thirty Lakhs, the State Government shall have the right to nominate three persons as members in the Managing Committee of that Society:Provided that among the members so nominated two will be from the Government service and the third one will be an officer of the Co-operative or Financing Institution connected with the affairs of the Society.Provided further that those ex-officio members as provided in the bye-laws of the society shall be counted in the quota or numbers fixed or provided for nomination.Provided further also that such nominated members shall participate in any meeting of the managing committee or ordinary general meeting of the share holders of the registered society, convened in accordance with the provisions of the Act and Rules framed there under and its bye laws. They shall have right to vote in the meeting of the managing committee but shall have no right to vote in the ordinary general meeting of the share holders.(5)Notwithstanding anything contained in any provision of this Act, Rules made there under and bye laws of the society, the existing members and the office bearers nominated by the Government shall cease to be members of the managing committee within 120 days of the publication of this Act, in the official gazette; such registered society shall have elections to the vacant posts for the remaining period of its term provided that in the superseded societies the administrator of the society shall constitute new managing committee through an election within six months from the date of publication in the official gazette of this Act, otherwise the Registrar shall appoint new administrator for a further period of three months and get the managing committee constituted through an election within such extended period.(6)Notwithstanding anything contained in the Rules or the Bye Laws of any registered society, the term of the members and office bearers of the managing committee of a registered society shall not exceed five years from the date of election.(7)Notwithstanding the provision of sub-section (4) the nominated members of the managing committee shall hold office during the pleasure of the State Government.(8)If for any reason elections of a co-operative society are not held within the said period after expiry of the term of the managing committee the committee shall be deemed to have been superseded with effect from the said date and the Registrar Co- operative Societies shall appoint any government servant as Administrator for a period not exceeding six months for the constitution of managing committee in accordance with law:Provided that if for certain special circumstances the election of the members and office bearer of the managing committee is not held within the stipulated period of six months, the Registrar after obtaining explanation from the Administrator and recording reasons in writing may extend the period of super session for a further period not exceeding three months:Provided further that the term of the Managing Committee as provided in sub- section (5) shall be effective if the election of the Managing Committee has been held after coming into force of this Act:Provided further that the administrator appointed for the superseded society prior to the commencement of this Act shall continue to hold office till six months from the date of commencement of this Act or constitution of a new managing committee by election whichever is earlier.Provided further that in self supporting societies if the elections of the managing committee are not held within the prescribed period, the Registrar shall suo motto convene a general meeting of the members for appointing an ad hoc board for the purpose of managing the affairs of the society and to ensure elections through the State Co-operative Election Authority in accordance with the rules. The term of such ad hoc committee, so appointed, shall not exceed three months and shall case to function as soon as regular board is elected in accordance with the bye laws.(9)Every registered society shall keep open to inspection free of charge at all reasonable times at its registered address -(a)a copy of this Act(b)a copy of the Rules(c)a copy of the bye-laws of such society, and(d)a register of its members;B. Elections to the managing committee of registered societies. - (1) The Election to the managing committee of a class or classes of registered societies shall be conducted by an authority known as "State Co-operative Election Authority", to be constituted in accordnace with the rules and notified by the State Government in the official gazette.(2)Notwithstanding anything contained in any provision of this Act the elections to the managing committee of such class or classes of registered societies specified in sub section (1) shall be in held terms of the provisions of the Rules.Provided that the provision of this section shall not be applicable in cases where the process of elections has already been started.(3)No election to any class or classes of registered societies notified under sub section (1) shall be called in question except by way of election petition filed within forty five days from the declaration of the result and the same shall be decided as a dispute under section 48 of this Act.C. The process of elections of every registered society shall be started six months before the term of office of the outgoing managing committee comes to an end, however the newly elected managing committee shall take over charge or deemed to have taken over charge of the office on expiry of the term of the outgoing committee.
