Section 30 in The West Bengal Co-Operative Societies Act, 1983
30. Dissolution of board and appointment of administrator. -
(1)If, in the opinion of the Registrar,-(a)any board-(i)has persistently made defaults, or has been grossly negligent, in the performance of its duties under this Act or the rules or the by-laws, or(ii)has committed any act prejudicial to the interest of the concerned co-operative society or any other co-operative society, or(iii)has wilfully disobeyed or wilfully failed to comply with any lawful order or direction of the State Government or the Registrar; or(b)the affairs and business of any co-operative society have due to persistent default or negligence in the performance of duties by its board or a section thereof or otherwise come to a standstill,the Registrar may, after service of a notice upon the board and giving it an opportunity of being heard, by order in writing stating reasons therefor, dissolve the board, the directors of which shall forthwith vacate their offices and the Registrar shall appoint one or more administrators to manage the affairs of the co-operative society for such period, not exceeding one year at a time, as may be specified in the order and may also by an order in writing extend such period so, however, that the total period shall not exceed three years.(2)If, on receipt of a report from the Registrar or of its own motion, the State Government is of opinion that in view of one or more circumstances referred to in sub-section (1), immediate dissolution of the board of any cooperative society is essential in the interest of that co-operative society or the co-operative movement in general, the State Government may, without giving such board any notice, by notification, giving reasons therefor, dissolve such board, the directors of which shall forthwith vacate their offices and the State Government shall appoint one or more administrators to manage the affairs of that co-operative society for such period, not exceeding two years at a time, as may be specified in the notification and may also by notification extend the period so, however, that the total period shall not exceed three years:Provided that the State Government shall not take any step towards immediate dissolution of the board of directors of the State Co-operative Bank or the central co-operative land development bank or any central cooperative bank or such other co-operative bank as comes within the provision of Part V of the Banking Regulation Act, 1949 without prior consultation with the Reserve Bank of India [or the National Bank for Agriculture and Rural Development, as the case may be:] [Words inserted by West Bengal Act 21 of 1990.][Provided further that if the administrator or administrators appointed under sub-section (1) or sub-section (2) fail to reconstitute the board within the period of three years from the date of dissolution of the board, they shall be removed from office and thereupon the Registrar shall reconstitute the board in the manner laid down in the proviso to clause (a) of sub-section (1) of section 25 within one year from the date of removal of the administrator or administrators, and the board so reconstituted shall function till the directors of the board elected under section 25 assume charge.] [Proviso added by West Bengal Act 21 of 1990.](3)The Registrar shall, after service of a notice under sub-section (1), by order, depute a Government officer [* * * * * *] [Words omitted by West Bengal Act 21 of 1990.] to the service of a cooperative society to manage its affairs till [the notice issued by the Registrar under sub-section (1) is revoked, or] [Words, figure and brackets inserted by West Bengal Act 21 of 1990.] an administrator or administrators is or are appointed by him under sub-section (1)[, as the case may be,] [Words inserted by West Bengal Act 21 of 1990.] and such Government officer shall exercise such powers and perform such duties as the Registrar may specify in the order, and the board of the co-operative society shall allow the said Government officer to exercise his powers and perform his duties accordingly.(4)During the tenure of office of the administrator or administrators appointed under sub-section (1) or sub-section (2),(a)all properties of the co-operative society shall vest in the Registrar; and(b)subject to the control of the Registrar and notwithstanding the preferring of any appeal under section 136, the administrator or administrators shall exercise all the powers and perform all the duties which may be exercised or performed by the board or any officer of the co-operative society under this Act or the rules or the by-laws.(5)If, during the tenure of office of the administrator or administrators appointed under sub-section (1) or sub-section (2), it appears to the Registrar or the State Government, as the case may be, that it is no longer necessary to manage the affairs of the co-operative society by the administrator or administrators, the Registrar or the State Government, as the case may be, may, by order in writing stating reasons therefor, direct the administrator or administrators to arrange, notwithstanding the provisions of section 25, for the reconstitution of the board of the said co-operative society in accordance with the rules and its by-laws and immediately on the reconstitution of the board the administrator or administrators shall make over the management of the co-operative society to the board and shall cease to function and a board reconstituted under this section shall be deemed to be validly reconstituted under section 25 for the purposes of this Act.(6)The administrator or administrators appointed under sub-section (1) or sub-section (2) shall, before the expiry of his or their tenure of office, arrange, notwithstanding the provisions of section 25, for the reconstitution of the board in accordance with the rules and the by-laws of the cooperative society and shall hold office until the board so reconstituted takes over charge or the appointment of the administrator or administrators is cancelled, whichever is earlier, and a board reconstituted under this section shall be deemed to have been validly reconstituted under section 25 for the purposes of this Act.(7)The Registrar shall by order fix the remuneration of the administrator or administrators appointed under sub-section (1) or sub-section (2) and such remuneration shall be paid out of the funds of the co-operative society.(8)Any action taken by the Registrar under sub-section (1) or by the State Government under sub-section (2) shall not be called in question in any court.
