Section 30 in Jammu and Kashmir Co-Operative Societies Act, 1989
30. Supersession/removal of Committee.
- [(1) If in the opinion of the Government or Registrar, a Committee or Board, by whatever name called, of a Co-operative Society is persistently making a default or is negligent in the performance of duties imposed on it by this Act or the rules or bye-laws made thereunder or has committed any act which is prejudicial to the interests of the Society or its members, or has failed to comply with any direction given to it by the Government or the Registrar for the purpose of securing proper implementation of Co-operative production and other development programmes of that there is a failure in constituting or functioning of, the Committee or the Board, the Government or Registrar may, after giving the Committee or the Board, as the case may be, opportunity to state its objections, if any, within 15 days and after considering the objections, if received, by an order in writing remove the Committee or the Board and appoint one or more Administrators to manage the affairs of the Society for a period not exceeding two months and the elections shall be held within such period for the reconstitution of the Committee or the Board, as the case may be:Provided that the Government or the Registrar may, for the reasons to be recorded in writing, extend the period of such appointment for a further period but in any case [such extension shall not exceed one year at a time up to maximum period of two years] [Substituted for sub-section (1) by Act No. X of 2010, Dated 28.4.2010, w.e.f. 29.4.2010.] from the date of such appointment:Provided further that the supersession of the Committee of an Apex Co-operative Bank or a Central Co-operative Bank shall be done [***] [Substituted 'only' by Act No. 50 of 2018, dated 16.12.2018.] in consultation with the Reserve Bank.(1A)Notwithstanding anything contained in sub-section (1), the committee of a Primary Agricultural Credit Society shall be superseded by the Registrar only under the following circumstances, namely: -(a)that the Society has incurred losses for three consecutive years; or(b)that serious financial irregularities or frauds have been identified; or(c)that there are judicial directives to this effect; or(d)there is perpetual lack of quorum for three consecutive meetings:Provided that members of the committee of a Primary Agricultural Credit Society which has been superseded shall be disqualified to contest the election to any committee for a period of at least three consecutive years from the date of supersession.](2)The Registrar may fix such remuneration for the Administrators, as he may think fit, and the remuneration shall be paid out of the funds of the Co-operative Society.(3)The Administrator shall, subject to the control of the Registrar and to such instructions, as he may, from time to time give, have power to perform all or any of the functions of the Committee or the Board or of any officer of the Co-operative Society and take all such actions as may be required in the interests of the Society.(4)Save as otherwise provided in sub-section (5), the Administrator shall, before the expiry of his term of office, arrange for the constitution of a new Committee or Board, as the case may be, in accordance with the bye-laws of the Co-operative Society.(5)Where the Administrator is appointed under sub-section (1), the Registrar may by order in writing giving reasons therefor, direct the Administrator to arrange for the constitution of a new Committee or Board for such Co-operative Society in accordance with the bye-laws of such Society and immediately on the constitution of such Committee or the Board, the Administrator shall hand over the management of such Society to such newly constituted Committee or the Board and shall cease to function.(6)Before taking action under sub-section (1), the Registrar shall consult the Federal Society concerned.(7)Notwithstanding anything contained in this Act, the Registrar shall in case of Co-operative Bank, if so required [in consultation with the Reserve Bank] [Substituted 'in writing by the Reserve Bank' by Act No. 50 of 2018, dated 16.12.2018.] or National Bank for Agriculture and Rural Development, in the public interest or for preventing the affairs of the Co-operative Bank being conducted in a manner detrimental to the interest of the depositors or for securing the proper management of a Co-operative Bank, pass an order for the supersession of the Committee or the Board of that Co-operative Bank and for the appointment of an Administrator for such period or periods [not exceeding two years] [Substituted 'not exceeding one year' by Act No. 50 of 2018, dated 16.12.2018.] in the aggregate as may, from time to time, be specified by the Reserve Bank or National Bank for Agriculture and Rural Development.[30A. Transitional provision] [Inserted by Act No. VI of 2004.]. - [(1)] [Renumbered by Mt No. XVII of 2011, Dated 9.5.2011.] Notwithstanding anything contained in section 29 or section 30 of the Act, where the Government or the Registrar has appointed a Board of Management ox Administrator, as the case may be, to manage the affairs of any Society before the commencement of the Jammu and Kashmir Co-operative Societies (Amendment) Act, 2003 and elections for the constitution of the Committee for any such Society have not been held before such commencement, such Board of Management or the Administrator may continue to manage the affairs of the Society concerned for a period not exceeding one year from the date of its appointment and the elections shall be held within such period for reconstitution of the Committee in accordance with the provisions of the Act.(2)[ Notwithstanding anything contained in section 29 or section 30 of the Act, where the Government or the Registrar has appointed a Board of Management or the Administrator, as the case may be, to manage the affairs of any Society before the commencement of the Jammu and Kashmir Co-operative Societies (Amendment) Act, 2011 and elections for the constitution of the Committee for any such Society have not been held before such commencement, such Board of Management or the Administrator 'may continue to manage the affairs of the Society concerned for a period not exceeding six months from the date of commencement of the said Amendment Act and the elections shall be held within such period for reconstitution of the Committee in accordance with the provisions of the Act.][Inserted by Act No. XVII of 2011, Dated 9.5.2011.](3)[ Notwithstanding anything contained in section 29 or section 30 of the Act where the Government or the Registrar has appointed a Board of Management or the Administrator, as the case may be, to manage the affairs of any Society before the commencement of the Jammu and Kashmir Cooperative Societies (Amendment) Act, 2018 and elections for the constitution of the Committee for any such Society have not been held before such commencement, such Board of Management or the Administrator, may continue to manage the affairs of the Society concerned for a period not exceeding two years from the date of commencement of the said Amendment Act and the elections shall be held within such period for re-constitution of the Board or Committee in accordance with provisions of the Act :Provided that where the Board of Management has ceased to function before the commencement of the Jammu and Kashmir Cooperative Societies (Amendment) Act, 2018 or where the society is in default or is negligent to the performance of duties imposed on it by this Act or the Rules or bye-laws made thereunder or has committed any act which is prejudicial to the interest of the Society or its members, the Government may appoint Administrator or Transitory Board for two years or such period as may be determined.] [Added by Act No. 50 of 2018, dated 16.12.2018.]
