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State of Karnataka - Section

Section 30 in Karnataka Co-Operative Societies Act, 1959

30. [ Supersession of committee. [Section 30 substituted by Act 5 of 1984 w.e.f. 09.01.1984.]

(1)If, in the opinion of the Registrar,-
(a)the committee of a co-operative society persistently makes default or is negligent in the performance of the duties imposed on it by this Act or the rules or the bye-laws or commits any act which is prejudicial to the interests of the society or its members, or is otherwise not functioning properly; or
(b)a co-operative society is not functioning in accordance with the provisions of this Act, the rules or bye-laws or any order or direction issued by the State Government or the Registrar, [including the direction of issued under section 30B]
the Registrar may, after giving the committee an opportunity to state its objections, if any, by order in writing, remove the said committee, and appoint an administrator to manage the affairs of the society for such period, not exceeding [six months] [Substituted by Act 25 of 1998 w.e.f. 15.08.1998.], as may be specified by the Registrar. [The Registrar may [***] [Substituted by Act 24 of 2001 w.e.f. 05.09.2001.] for the reasons to be recorded in writing extend the period of such appointment for a further period of six months at a time, and in any case such extension shall not extend one year in aggregate.]
(2)The administrator so appointed shall, subject to the control of the Registrar and such instructions as he may give from time to time, exercise all or any of the functions of the committee or of any [office bearer] [Substituted by Act 25 of 1998 w.e.f. 15.08.1998.] of the co-operative society and take such action as he may consider necessary in the interest of the society.
(3)The administrator shall, before the expiry of his term of office arrange for the constitution of a new committee after holding the election in accordance with this Act, the rules and the bye-laws of the co-operative society:[Provided that in such an election, no member of the Committee removed under sub-section (1) shall, notwithstanding anything contained in this Act, the rule or the bye-laws, be eligible for being elected as a member of the Committee, for a period of four years from the date of supersession of the Committee under said sub-section] [Inserted by Act 24 of 2001 w.e.f. 05.09.2001.][Provisos ***] [Omitted by Act 25 of 1998 w.e.f. 15.08.1998.]
(4)Before taking any action under sub-section (1) in respect of a co-operative society, the Registrar shall consult the financing banks to which it is indebted.
(5)Notwithstanding anything contained in this Act, the Registrar shall, in the case of a co-operative bank, if so required in writing by the Reserve Bank of India, in 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 the co-operative bank, by order in writing, remove the committee of that co-operative bank and appoint an administrator to manage the affairs of the co-operative bank for such period [***] [Omitted by Act 25 of 1998 w.e.f. 15.08.1998.] as may, from time to time, be specified by the Reserve Bank of India.]