Section 30 in Rajasthan Co-operative Societies Act, 2001
30. Removal of committee or member there of.
- [(1) Where -(a)the committee of a co-operative society(i)persistently makes default; or(ii)is negligent in the performance of its duties imposed on it by this Act or the rules or the bye-laws; or(iii)commits any act prejudicial to the interest of the society or its members; or(b)there is stalemate in the constitution or functions of the committee,the Zonal Registrar, in case of a primary society, the Registrar, Co-operative Societies, Rajasthan, in case of a central society and the State Government, in case of an apex society may, after giving the committee a reasonable opportunity of being heard, by order in writing, remove the committee and appoint a Government servant as an Administrator to manage the affairs of the society till the elections are held to the committee of the society:Provided that in case of a co-operative society carrying on the business of banking, the provisions of the Banking Regulation Act, 1949 (Central Act No. 10 of 1949) shall also apply.] [Substituted 'If, in the opinion of the Registrar, the committee of a co-operative society or any member of such committee persistently makes default or is negligent in the performance of the duties imposed on it or him 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 wilfully disobeys directions issued by the Registrar for the purpose of securing proper implementation of co-operative production and other development programmes approved or undertaken by the Government, or is otherwise not discharging its or his functions properly, or in the case of the State Co-operative Bank or a Central Co-operative Bank, does not comply with the regulations made or issued by the Reserve Bank of India from time to time in respect of such societies or does not fulfill any eligibility criteria specified by the Reserve Bank of India and a request has been received from the Reserve Bank of India or the National Bank to that effect, the Registrar may propose removal of such committee or the member of such committee, as the case may be.' by Act No. 31 of 2015, dated 30.6.2015.](2)On the proposal to remove a committee or a member thereof under subsection (1), the Zonal Registrar, in case of a primary society, the Registrar, Co-operative Societies, Rajasthan in case of a central society and the State Government in case of an apex society, may after giving the committee or the member, as the case may be, a reasonable opportunity to state its or his objections, if any, by order in writing,(a)remove the committee and appoint a Government servant as an Administrator to manage the affairs of the society for a period not exceeding six months; or(b)remove the member of such committee and get the vacancy filled up for the remain of the term of the outgoing member, according to the bye-laws :[Provided that before removal of the committee of the Apex Co-operative Bank and a Central Co-operative Bank under this section the Reserve Bank of India shall be consulted :Provided further that the process of removing the committee and appointing an administrator of the Apex Co-operative Bank or a Central Co-operative Bank on the recommendation of the Reserve Bank of India shall be completed within one month of such recommendation :Provided also that the committee of a primary agricultural credit society shall not be removed except on the following conditions, namely :-(a)the society has incurred losses for three consecutive years; or(b)serious financial irregularities or frauds have been identified in the society; or(c)there are judicial directives to this effect; or(d)there is perpetual lack of quorum in the committee; and](2A)[ If before the expiry of the terms of the committee of a society, a new committee is not constituted, the government may direct the Registrar to appoint a government servant as an Administrator to manage the affairs of the society till a new committee is constituted:Provided that no member of committee, replaced by Administrator under this sub-section, shall be deemed to be disqualified under sub-section (5) of Section 30.] [Inserted new sub section (2A) by Rajasthan Act No. 9 of 2004, dated 19-2-2004.](3)[ The Administrator so appointed shall have powers to perform all or any of the functions of the elected committee and take all such actions as may be required in the interest of the society, subject to the control of the Registrar and to such instructions as he may give from time to time.] [Substituted 'The Administrator so appointed shall, subject to the control of the Registrar and to such instructions as he may from time to time give, have powers to perform all or any of the functions of elected committee and take all such actions as may be required in the interest of the Society.' by Act No. 31 of 2015, dated 30.6.2015.](4)It shall be the duty of the Chief Executive Officer of the Society to send a requisition to the [State Co-operative Election Authority] [Substituted by Rajasthan Act No. 9 of 2004, dated 19-2-2004.], to conduct elections in the society, as soon as an Administrator is appointed under sub-section (1).(5)Nothing contained in this section shall affect the provisions of Section 62.(6)[ Notwithstanding anything contained in this Act, the committee of the Apex Co-operative Bank and Central Co-operative Bank shall be removed or superseded by the Registrar in public interest at the recommendation of the Reserve Bank of India within one .month of being so advised.] [Added by Notification No F. 2(15) Vidhi/2/2010 dated 3-4-2010 w.e.f. 16-10-2009.]
