Section 74 in The Gujarat Co-Operative Societies Act, 1961
74. Committee, its powers and functions.
- [(1)] [Section 74 shall be renumbered as sub-section (1) by Gujarat 1 of 2008, Section. 16 (w.e.f. 8.10.2007).] The management of every society shall vest in a committee, constituted in accordance with this Act, the rules and bye-laws, which shall exercise such powers and perform such duties as may be conferred or imposed on it respectively by this Act, the rules and the bye-laws :[Provided that a Committee of a society falling in any of the categories mentioned in sub-section (1) of Section 74-C shall not be so constituted as to require a certain part or number, of its members to periodically retire by rotation and any bye-law of such society containing such provision shall with effect on and from the commencement of Section 2 of the Gujarat Co-operative Societies (Amendment) Act, 1981 (6 of 1981) cease to be in force.] [Added by Gujarat 6 of 1981](1A)[ Except as otherwise provided herein, the Managing Committee of a society shall consist of such number of members as may be provided in the bye-laws but not exceeding twenty-one members.(1B)(i)There shall be reserved one seat for the Scheduled Castes or the Scheduled Tribes and two seats for Women in the managing committee of every society consisting of individuals as members and having members from such class or category of persons.(ii)One seat may be reserved for the persons who are small farmers and marginal farmers.Explanation. - The expressions "marginal farmer" and "small farmer" shall have the meanings respectively assigned to them in clauses (g) and (p) of section 2 of the Gujarat Rural Debtors Relief Act, 1976 (President's Act No. 35 of 1976);(1C)The term of office of the elected members of the managing committee and its office bearers shall be five years from the date of election. The term of office bearers shall be co-terminus with the term of managing committee :Provided that the managing committee may fill up a casual vacancy in the committee by nomination out of the same class or categories members in respect of which the casual vacancy has arisen, if the term of office of the managing committee is less than half of its original term.(1D)(a)The society shall co-opt persons having experience in the field of banking, management, finance or specialisation in any other field relating to the objects and activities undertaken by the society as the members of the managing committee:Provided that the number of such co-opted members shall not exceed two in addition to the twenty- one members as specified in sub-section (1A).(b)The co-opted members as aforesaid shall not have the right to vote in any election of the society in their capacity as such members or to be eligible to be elected as office bearers of the Managing Committee.(1E)In case, where there are functional directors of a society, they shall also be members of the Managing Committee. Such members shall be excluded for the purpose of counting the total number of members of the Managing Committee.Explanation. - For the purpose of this sub-section, "functional director" means and includes a Managing Director or a Chief Executive Officer by whatever designation called or any ex-officio member or any of the Head of the Department of the concerned society, nominated by the Committee.] [Inserted by Gujarat Act No. 17 of 2013, dated 15.4.2013.](2)[ There shall be two professionals on the committee of the Central Co-operative Bank and the State Co- operative Bank having qualification prescribed by the Reserve Bank of India or, as the case may be, the National Bank. If such members are not elected on committee of the Central Co-operative Bank and the State Co-operative Bank, the Registrar shall direct the concerned bank to co-opt such professional on the committee within the time limit specified in such direction of the Registrar. If the bank fails to comply with the aforesaid directions, the Registrar shall appoint such professional member on the committee of the concerned bank. The professional member shall have all the rights of members inclusive of voting right and the term of such member shall be coextensive with the term of other elected members.] [Inserted by Gujarat 1 of 2008, Sec. 16 (w.e.f. 8.10.2007).]
