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State of Mizoram - Section

Section 64 in Mizoram Cooperative Societies Act, 2006

64. Supersession of a Management Committee.

(1)The Registrar for the reasons, basis or grounds specified under sub-section
(2)shall have the power to supersede or remove the duly elected management committee from office before the expiry of its full tenure and in its place appoint one or more officers to be called as administrator to manage the affairs of the co-operative for a period not exceeding six months as may be specified in the order which period may at the discretion of Registrar for the reasons to be recorded in writing, be extended for a further period not exceeding six months and that the aggregate period in any case shall not proceed one year.
(2)The basis or reasons or grounds for superseding the duly elected management committee may include anyone or more of the following, that the management committee:
(a)is persistently making default or is negligent in he performance of duties imposed upon it under the Act, rules or byelaws;
(b)has committed acts which are prejudicial to the interest of the or it's members;
(c)has omitted or failed to comply with any direction or order issued to it by Registrar or government in general or public interest;
(d)experienced a stalemate in the constitution or discharge of functions of the management committee;
(e)without sufficient cause or reason failed to conduct the election as per scheduled due date.
(3)The Registrar shall prescribe the minimum qualification and experience essential for appointment of a person as an administrator referred under sub-section (1) and ensure that only qualified and experienced persons related to the particular type of co-operative alone are appointed as administrator(s).
(4)For the purpose of sub-section (3) the Registrar may prepare and maintain a panel of specialist who possess proved competency to discharge the functions in the respective field of co-operatives with the approval of government and as and when the occasion arises for the appointment of administrator, the Registrar shall appoint a person as an administrator from the said list.
(5)The Registrar may fix the remuneration for the administrator as he deems fit payable out of the funds of the which is subject to recovery from the directors of the board superseded after providing adequate opportunity of hearing to the affected directors or connected persons.
(6)The administrator so appointed shall have the power to exercise all or any of the functions of the management committee or of any officer of the co-operative which are essential for the continuance of smooth functioning of the co-operative or other functions considered necessary in the interest of co-operative. The administrator during his tenure as an administrator, however, shall not exercise the power of admission of new members.
(7)The administrator so appointed shall before the expiry of his tenure of office, arrange for the constitution of a new management committee in accordance with the rules or byelaws of the co-operative and hand over the management of the co-operative peacefully to the newly constituted management committee and cease to function thereafter.Chapter- VII Privileges of State Aid To Co-Operatives