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State of Maharashtra - Section

Section 64 in The Maharashtra Cooperative Societies Rules, 1961

64. Procedure for appointment, suspension, and removal of members of the committee and other officers, etc.

(1)Notwithstanding anything contained in the bye-laws of a society but subject to the provisions of [section 78A] [Substituted 'section 78' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).], the Registrar may [by an order stating the reasons therefor;-] [Substituted by G.N. of 8-11-1971.]
(a)remove the committee of a society and appoint a new committee in its place consisting of three or more members of the society to manage the affairs of the society; or
(b)remove the committee and appoint one or more administrators, who need not be members of the society, to manage the affairs of the society; or
(c)remove any member of the committee of a society and appoint in his place such other member as he may deem fit.
[Provided that, no person shall be eligible to be appointed as administrator or member of the committee of administrator, who has incurred disqualification under the provisions of the Act, the Rules and bye-laws of the society :Provided further that, authorised officers or committee of members appointed under sub-section (1) of section 77 A, shall make necessary arrangements for constituting new committee before expiry of their period.Provided also that, the period of Administrator or Committee of Administrators shall not be more than six months from the date of assuming charge :Provided also that, no member of the committee so removed shall be eligible to be re-elected, re-co-opted or re-nominated as a member of any committee of any society till the expiry of period of next one term of the committee from the date on which he has been so superseded or removed.] [Inserted by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).]
(2)Before making any order under sub-rule (1), the Registrar shall consult the federal society to which the society is affiliated and give an opportunity to the committee or the member concerned to show cause, within fifteen days from the date of issue of notice, why such an order shall not be made.[Provided further that, if the Federal Society fails to communicate its opinion to the Registrar within forty - five days from the date of receipt of communication, the Registrar shall be at liberty to proceed further to take action accordingly.] [Inserted by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).]
(3)[ The Administrator or Administrators shall make arrangement for conduct of elections of the committee before expiry of the period specified in the order under sub-rule (1).] [Substituted by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).]
(4)[ Administrator or Administrators if required, shall call special general body meeting of the society to review or reconsider the decisions or the resolutions taken or passed at general body meeting called by the previous committee or to endorse the action taken by it.] [Substituted by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).]
(5)Immediately after the appointment of a [*] [Deleted 'new committee or' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] an administrator or administrators under sub-rule (1), the committee in whose place such appointment is made and officers of the society shall give [*] [Deleted 'the new committee or' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] the administrator or administrators, as the case may be, the of the property, documents and accounts of the society .