Section 32 in The Orissa Co-operative Societies Act, 1962
32. Supersession of Committee and power to disqualify officers of the Society.
- [(1) If in the opinion of the Registrar, the Committee of any 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 interest of the Society or its members, or is otherwise not functioning properly the Registrar may, after giving the Committee [a reasonable opportunity of being heard within twenty-one days from the date of issue of the notice in that behalf and [after consulting, in case of a State Co-operative Bank or a Central Co-operative Bank, the Reserve Bank of India and in case of any other Society, the Financing Bank of such Society] [Substituted by Orissa Act No. 19 of 1983, Section 12 w.e.f. 5.11.1980-See Orissa Gazette Extraordinary dated 11.10.1983.] ] by order in writing stating reasons therefor, remove the Committee; and appoint-(a)a new Committee consisting of not less than three and not more than five members of the Society in its place;(b)one or more Administrators who need not be members of the Society; or(c)any other Society with its consent;to manage the affairs of the Society, [and if necessary, take all or any policy decision including admission of members in relation to the society,] [Inserted by Orissa Act No. 11 of 2002 Section 4 O.G.E. No. 1928 dated 28.10.02.] for a period not exceeding [two months] [Substituted by Orissa Act 1 of 2008 Section 13 (O.G.E. No. 654 dated 20.3.2008).] as may be specified in the order and the said period may, at the discretion of the Registrar, be extended from time to time so however that, the aggregate period does not exceed [six months] [Substituted by Orissa Act 1 of 2008 Section 13 (O.G.E. No. 654 dated 20.3.2008).] :Provided that, for any sufficient cause to be recorded, the Registrar may, in any case, extend the aforesaid period of twenty-one days so however that, the total period does not exceed thirty days from the [date of issue] [Substituted by Orissa Act No. 28 of 1991, Section 26 (a) (i) dated 31.12.1991 [Section 31, force w.e.f. 11.9.1992, Sec 32, force w.e.f. 12.8.1994].] of the notice;][(1-a) Notwithstanding anything contained in Sub-section (1), the Committee of a Primary Agricultural Credit Co-operative Society, Large-sized Adivasi Multipurpose Co-operative Society, Service Co-operative Society and Farmers Service Co-operative Society shall be superseded, only if the Society incurs loss for a consecutive period of three years or if serious financial irregularities in the functioning of the society have been detected or there is a judicial order to this effect or there is perpetual lack of quorum in the meetings of the Committee of the society.Explanation. - "perpetual lack of quorum" means failure of holding three consecutive meetings for want of quorum.] [Inserted by Orissa Act 1 of 2008 Section 13 (i) & 13 (ii) (O.G.E. No. 654 dated 20.3.2008).](2)The Committee or the Administrator or Administrators or the Society so appointed shall, subject to the control of the Registrar and to such instructions as he may from time to time give have power to exercise all or any of the functions of the Committee or of any [office-bearer] [Substituted by Orissa Act No. 28 of 1991, Section 26 (b) dated 31.12.1991, w.e.f. 12.8.1994.] of the Society and take all such actions as may be expedient in the interest of the Society and shall be deemed for all purposes of this Act and the rules and Bye-Laws to be the Committee of such Society.(3)The Committee or Administrators or the Society shall, [before] [Substituted by Orissa Act No. 28 of 1991, Section 26 (b) dated 31.12.1991, w.e.f. 12.8.1994.] expiry of its or their term of office, arrange for the constitution of a new Committee in accordance with the Bye-Laws of the Society.(4)[ If the Financing Bank of the Society does not tender its opinion in writing within thirty days of a reference made to it under Sub-section (1), it shall be deemed that it has no objection if the Committee is removed.] [Substituted by Orissa Act No. 28 of 1991, Section 26 (b) dated 31.12.1991, w.e.f. 12.8.1994.](5)If the Registrar, while making an order under Sub-Section (1), is of the opinion that any past or present officer of the Society has been party to, or responsible for the mismanagement thereof or has failed to perform any duty lawfully assigned to him, ha may, by order in writing after giving such officer an opportunity to state his objection, disqualify him from being a member of a Committee in respect of the Society for a period not exceeding three years to be specified in the order and every order made under the Sub-sections shall state the reasons for which it is made and shall be communicated to. the Society and the officer concerned.(6)In cases where the Registrar makes an appointment under Clause (b) or (c) of Sub-section (1) he may, by the order made under that Sub-section fix the remuneration to be paid to the Administrator or the Society, as the case may be, and the remuneration so fixed shall be paid from out of the funds of the Society whose affairs are managed by such Administrator or Society.(7)[ Notwithstanding anything contained in this Section, if in the opinion of the Registrar, the Committee of any Society is acting in a manner prejudicial to the interest of the Society or its members, or has committed such serious irregularities or illegality that further continuance of the Committee would be detrimental to the interest of the Society the Registrar may, at any time before or, as the case may be, after issue of a notice under Sub-Section (1), suspend the Committee, and make such arrangements as he thinks proper for the management of the affairs of the Society, during the period of suspension of the Committee :Provided that if the Committee so suspended is reinstated the period of suspension shall count towards its term.] [Inserted by Orissa Act No. 7 of 1996, Section 9 dated 22.4.1996.](8)Notwithstanding anything contained in this section, if, in the opinion of the Registrar, any member of the Committee of^a Society, delegated or entrusted with any of the powers or responsibilities of such Committee, persistently makes default or is negligent in exercise of powers or in discharge of responsibilities or commits any act prejudicial to the interest of the Society or its member, the Registrar may after giving an opportunity to state his objections, if any, by order in writing stating reasons therefor remove him from office.(9)[ The office-bearer of the superseded Committee referred to in Sub-section (1-a) shall not be eligible for being chosen as office-bearer of any society until expiry of a period of three years from the date of such supersession.] [Inserted by Orissa Act 1 of 2008 Section 13 (iii) (O.G.E. No. 654 dated 20.3.2008).]
