Section 38 in Himachal Pradesh Co-Operative Societies Rules, 1971
38. Constitution of Managing Committee.
(1)The managing committee of a Co-operative Society shall be constituted by :-(a)[ election from amongst the members of the Society;] [Amended vide notification No.Coop. A(3)-1/99-Vol.-III dated 17-2-2009 published in Rajpatra dated 18-2-09.](b)appointment by the Registrar in the manner provided in Rule 39;(c)nominees of the Government under section 35 of the Act; and(d)nominees of the other Co-operative Societies as provided in the bye-laws.(2)The managing committee of a society shall have not less than five nor more than twenty-one members, including the Government nominees, as may be fixed in the bye-laws.(3)[ The terms of the Managing Committees constituted under sub-rule (1) shall be five years.] [Amended vide notification No.Coop. A(3)-1/99-Vol.-II dated 25-7-2006 published in Rajpatra dated 27-7-06.][Provided that if outgoing managing committee fails to initiate election process 90 days prior to completion of its tenure, the Registrar shall appoint Administrator under section 37 of the Act and the Administrator so appointed shall conduct election of managing committee with in six months of his appointment.] [Amended vide notification No.Coop. E(S)-1/2000 dated 2-11-2000 published in Rajpatra dated 2-12-2000.](4)[ The committee shall, as soon as may be possible, elect from among its members a President, Vice President and such other officers as are specified in the bye-laws:Provided that where the State Government:-(i)has subscribed to the share capital of a Cooperative Society;or(ii)has assisted indirectly in the formation or augmentation of the share capital of a co-operative society as provided under Section 48; or(iii)has guaranteed the repayment of principal and payment of interest on loans and advances to a society, to the extent of fifty lacs rupees or more, the State Government may, notwithstanding anything contained in the Rules or bye laws of the Society, appoint one of the members nominated under section 35 as Chairman of the committee of such Society:Provided further that a person so appointed as Chairman, shall hold office during the pleasure of the State Government.] [Amended vide notification No.Coop. A(3)-1/99-Vol.-III dated 17-2-2009 published in Rajpatra dated 18-2-09.](5)A casual vacancy in the office of an elected member shall be filled up by co-option from amongst the members of the society by the managing committee. The managing committee member so co-opted shall qualify all the conditions laid down in the rules for membership of the committee of a society and shall retire within 90 days or at the next annual general meeting, whichever is earlier, and the vacancy thus caused shall be filled up at such meeting by election of a managing committee member in whose place the vacancy originally occurred.(6)Any dispute relating to the election to a committee of a member or an officer shall be referred to the Registrar under section 72 of the Act within 30 days from the date of declaration of the result of such election.
