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State of Chattisgarh - Section

Section 48 in The Chhattisgarh Co-Operative Societies Act, 1960

48. Final authority in society.

(1)The final authority in a society shall vest in the general body of members :Provided that the bye-laws of a society may provide for the constitution of a smaller body consisting of delegates elected in accordance with such bye-laws to exercise powers of the general body or as may be specified in the bye-laws of the society.
(2)Subject to sub-section (1), the management of every society shall vest in a committee constituted in accordance with this Act or rules made thereunder or bye-laws of the society and it shall exercise such powers and perform such duties as may be conferred or imposed respectively by the Act or rules made thereunder or bye-laws of the society.
(3)[ The reservation of the seats on the board of the society from among its members belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes shall be in proportion to their membership.Provided that such reservation shall not exceed 50% of membership of the board.Provided further that one seat shall be reserved for Scheduled Castes and Scheduled Tribes, as the case may be.] [Substituted by C.G. Act No. 6 of 2013, dated 13.2.2013.]
(4)[* * *]
(5)There shall be a President/Chairman and two Vice-Presidents/Vice-Chairman in a resource society. Out of the two offices of Vice-Presidents/Vice-Chairman -
(i)One shall be held by a woman member, and
(ii)One shall be held, if the chairman is not elected from amongst persons belonging to Scheduled Castes, Scheduled Tribes and other Backward Classes, by a person belonging to these categories and otherwise, by any person:
Provided that in case of such resource society other than a Nagrik Co-operative Bank or Urban Co-operative Credit Society or thrift society, operating in a Scheduled area, the chairman or president shall be elected only from amongst persons belonging to Scheduled Tribes.Explanation. - For the purpose of this section-
(i)"Scheduled Caste" means any caste, race or tribe or part of or group within a caste, race or tribe specified as such in relation to the State of Chhattisgarh under article 341 of the Constitution of India.
(ii)"Scheduled Tribe" means any Tribe, Tribal community or part of or group within a tribe or tribal community specified as such in relation to the State of Chhattisgarh under Article 342 of the Constitution of India.
(5-A) There shall be a President or Chairman and Vice President or Vice Chairman in consumer society of whom one shall be a woman.
(6)No person who is individual member in a Central Co-operative bank shall hold any specified office in the Central or Apex Society.
(7)[ (a) A member who absents himself willfully in three consecutive meetings without reasonable cause, and which is proved after giving him reasonable opportunity, shall be ceased to be a member of the board, and is debarred from all consequential benefits.
(b)In a Co-operative society, no member shall qualified for election as member of the board, delegate or representative and entitled to vote in any election of the board, delegate or representative of the co-operative society unless he has availed minimum level of services by such society as may be prescribed in this regard from time to time.]
(8)[ Notwithstanding anything contained in this Act or the rules made thereunder or bylaws of the societies total number of members of the board shall not exceed twenty-one, of which two shall be women:Provided further that co-opted specialist member appointed under provisions of sub-section (9) of this Section and ex-officio member, and Government nominee appointed under provisions of sub-section (1) of Section 52 and functional director(s) shall be excluded from the maximum number of members for the purpose of this sub-section.
(9)Notwithstanding anything contained in this Act or rules made thereunder, Board shall co-opt those persons as members of the board having experience in the field of banking management, finance or specialization in any other field relating to the objects and activities undertaken by the co-operative society, as member of the board of such society:Provided that the number of such co-opted member shall not exceed two in addition to twenty-one members specified in sub-section (8) of this Section:Provided further that such co-opted members shall not have the right to vote in any election of the co-operative society in their capacity as such member or to be eligible to be elected as office bearers of the board.] [Added by C.G. Act No. 6 of 2013, dated 13.2.2013.]