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[Cites 0, Cited by 7] [Section 33] [Entire Act]

State of Tamilnadu - Subsection

Section 33(1) in The Tamil Nadu Co-Operative Societies Act, 1983

(1)
(a)The management of every registered society shall vest in a board constituted in accordance with the provisions of this Act, the Rules and the bye-laws, which shall exercise such powers and perform such duties as may be conferred or imposed on it by this Act, the Rules and the bye-laws:
[Provided that of the members to be elected to the board of every registered society, there shall be thirty per cent reservation for women and eighteen per cent reservation for Scheduled Castes and Scheduled Tribes:Provided further that the members of the board may co-opt not exceeding two persons having experience in the field of banking, management, finance or specialisation in agriculture, sericulture, dairy, marketing, small or cottage industry or in any other field relating to the objects and activities undertaken by the registered society, as members of the board of the registered society:Provided also that the board may also consist of such number of functional directors, not exceeding nine, as may be prescribed in the rules or in the by-laws of the registered society.Explanation I. - For the purpose of this proviso and for clause (c) of sub-section (2), "functional director" means a paid officer of the society or an officer of Government department or representative of central or apex society or such other bodies like Reserve bank of India or National Bank for Agriculture and Rural Development having relation with the functioning of the registered society.Explanation II. - For the purpose of sub-sections (1) and (2), while calculating the eighteen per cent or thirty per cent of reservation, the fraction, if any, shall be ignored if it is less than half, or rounded off to the nearest whole number if it is equal to or more than half:] [Substituted by Tamil Nadu Act No. 4 of 2013, dated 23.2.2013, w.e.f. 31.1.2013.][Provided also that nothing contained in the first proviso [xxx] [Proviso was substituted by the Tamil Nadu Co-operative Societies (Amendment) Act 1989 (Tamil Nadu Act 36 of 1989).] shall be deemed to prevent any woman or the members of the Scheduled Castes and Scheduled Tribes for whom representations have been made thereunder in the board of any registered society from being elected to any of the seats in the board of such registered society:] [Sub sections (2) and (2-A) were substituted for original sub-section (2) by section 4 of the Tamil Nadu Co-operative Societies (Amendment) Act, 1989 (Tamil Nadu Act 36 of 1989).]Provided also that in the case of a society registered after the commencement of this Act, the persons who have signed the application to register that society may constitute an interim board to conduct the affairs of that society for a period of three months from the date of registration or for such further period or periods not exceeding [six months] [Substituted for 'one year' by Tamil Nadu Act No. 4 of 2013. dated 23.2.2013, w.e.f. 31.1.2013.] in the aggregate from the date of registration if the Registrar may consider necessary; but the interim board constituted under this proviso shall cease to function as soon as a board has been constituted in accordance with the provisions of this Act, the Rules and the bye-laws.
(b)Notwithstanding anything contained in clause (a), where the Rules or the bye-laws so provide, the Government or the Registrar may nominate all or any of the members of the board including the President and Vice-President from among the members of the registered society or from among the Government servants or both:
Provided that no nomination shall be made in respect of all the members of the board-
(i)for more than six months in the case of registered societies where the nominated board has held office for two and a half years or more on the date of the commencement of this Act; and
(ii)for more than three years from the date of nomination in all other cases.