Section 28(2) in The Orissa Co-operative Societies Act, 1962
(2)[] [Substituted by Orissa Act No. 28 of 1991, Section 19 (a) dated 31.12.1991, force w.e.f. 1.5.1993 (Sub-Sections 1(c), 2 , force w.e.f. 11.9.1992).] (a) [The Committee of a Society shall, excluding the members deemed or nominated as members under Sub-section (3-b) of Section 28 and Sub-section (1) of Section 31, consist of -(i)Twenty-one members in the case of an Apex Society and fifteen in the case of Central Society including the President and the Vice-President;](ii)[ fifteen members including the President and the Vice-President in the case of a Primary Society including a Large-sized Adivasi Multipurpose Co-operative Society;] [Substituted by Orissa Act No. 23 of 1994 Section 3 (iv) (a), Section 3 (iv) (b).](b)[ In the case of a Large-sized Adivasi Multipurpose Co-operative Society, two-thirds of the total number of elected members of the Committee shall be from among the members belonging to the Scheduled Tribes, so however that the said two-third shall also include women members numbering not less than one-third of the total number of such elected members.] [Substituted by Orissa Act No. 23 of 1994 Section 3 (iv) (a), Section 3 (iv) (b).][Provided that the offices of the President and Vice-President shall be reserved for the Scheduled Tribes] [Inserted by Orissa Act No. 10 of 2001, Section 3 (i) force w.e.f. 3.7.2001.]Explanation. - The principle for determining whether a Society is a large sized Adivasi Multipurpose Co-operative Society or not shall be such as may be prescribed.(c)[ In the case of a Primary Society other than Large-sized Adivasi Multipurpose Co-operative Societies, two members each shall be from the Scheduled Castes and the Scheduled Tribes, three from Other Backward Classes including Socially and Educationally Backward Classes and two from Women members, so that among each of the said Scheduled Castes, Scheduled Tribes and Other Backward Classes including Socially and Educationally Backward Classes of members, there shall be one woman. [Substituted vide O.G.E. No. 1832 dated 27.12.2004. Section 3 (i)(O.A. No. 11 of 2004).](d)In the case of a Central Society, two members each shall be from the Scheduled Castes and the Scheduled Tribes, three from Other Backward Classes including Socially and Educationally Backward Classes and two from Women members, so that among each of the said Scheduled Castes, Scheduled Tribes and Other Backward Classes including Socially and Educationally Backward Classes of members, there shall be one woman.(e)In the case of an Apex Society, three members each shall be from the Scheduled Castes and the Scheduled Tribes, four from other Backward Classes including Socially and Educationally Backward Classes and three from Women members, so that among each of the said Scheduled Castes and Scheduled Tribes members, there shall be one woman and among the Other Backward Classes including Socially and Educationally Backward Classes members, there shall be two women :Provided that, save as provided in the aforesaid clauses there will be no bar for the members belonging to the said reserved categories to contest the election against the remaining seats in the Managing Committee of the Primary, Central and Apex Co-operative Societies.] [Substituted by Orissa Act No. 7 of 1996, Section 7 (ii) (a) dated 22.4.1996.](f)[ Notwithstanding anything contained in this Sub-section - [Substituted by Orissa Act 7 of 1996, Section 7 (i) dated 22.4.1996.](i)[ in the event of the seats in the Committee reserved for Women, Scheduled Castes, Scheduled Tribes and Other Backward Classes remaining unfilled in any election of a Primary, Central or Apex Society, the Committee of the Society shall co-opt., the required number of such categories of members from among the members of the Society or, where the required number of such categories of members is not available for such co-option, the Committee shall co-opt the required number of members from amongst the members of the Society belonging to any category to fill up such seats, and for the purpose of making such co-option, the vacancies in the unfilled seats reserved for the said categories shall not invalidate the Constitution or functioning of the Committee, if otherwise it would be having a quorum;](ii)the term of office of every such co-opted member shall be co-terminus with the other members of the Committee;](iii)[* * *] [Omitted by Orissa Act 10 of 2001, dated 29.8.2001, force w.e.f. 3.7.2001.](g)[(i) Notwithstanding anything to the contrary contained in this Act, Rules and Bye-Laws, the Committee (which shall include a preliminary Committee) of every Primary Society, Central Society and Apex Society existing immediately before the date of commencement of the Orissa Co-operative Societies (Amendment) Act, 2001 shall stand dissolved with effect from the said date and the members including the President and the Vice-President of every such Committee shall be deemed to have vacated their offices on that date, and where, on the date of such commencement, the management of any such society continues to vest in the Registrar, the proceedings or actions taken, if any, for constitution of the Committee thereof shall stand cancelled;] [Substituted by Orissa Act 10 of 2001, Section 3 (iv) (b) dated 29.8.2001, force w.e.f. 3.7.2001.](ii)[ the management of every society, the Committee of which is so dissolved or which so continues to vest in the Registrar, shall vest or, as the case may be, shall so continue to vest in the Registrar, and the Registrar or a Committee nominated by him from amongst the members of the society, or a member society affiliated to it or a society affiliated to such member society, as far as practicable representing the Scheduled Castes, Scheduled Tribes, Other Backward Classes and Women, shall manage the affairs of the society and take all or any policy decision including admission of members in relation to the society till the Committee is constituted in accordance with the provisions of this Act;] [Substituted by Orissa Act 11 of 2002, Section 2 (iii) (a) dated 28.10.2002, force w.e.f. 29.6.2002.](iii)every Society referred to in Sub-clause (ii) shall amend its bye-laws as may be necessary, so as to bring them in conformity with the provisions of this Act as amended by the Orissa Co-operative Societies (Amendment) Act, 2001 and reconstitute the Committee within six months from the date of commencement of the said Act; and(iv)in the event of any Society failing to so amend its bye-laws and reconstitute the Committee within the period specified in sub-clause (iii), the Registrar shall make such amendment and reconstitute the Committee within [seventy-five months] [Substituted by Orissa Act 1 of 2008 Section 10 (ii) (O.G.E. No. 654 dated 20.3.2008).] following the date of expiry of the period so specified.[(2-a) (i) A Society, the Bye-Laws and the Committee of which, are not in conformity with the provisions of this Act as amended by the Orissa Co-operative Societies (Amendment) Act, 1991 shall amend its Bye-Laws and notwithstanding anything to the contrary in this Act, reconstitute in the manner provided under this Act, Rules and the Bye-Laws its Committee within a period of [eight months] [Substituted by Orissa Act No. 28 of 1991, Section 19(f) dated 31.12.1991, w.e.f. 11.9.1992.] from the date of commencement of the said Amendment Act so as to bring them in conformity with the provisions as so amended.(ii)In the event of a Society failing to so amend and reconstitute within the period mentioned in Clause (i), the Registrar shall make such amendment and reconstitution within a period of four months following the date of expiry of the period mentioned in the said Clause;][(2-b) The provisions of Sub-section (2-a) shall mutatis mutandis apply to a Society, the Committee of which may be standing dissolved under Section 28 or superseded under; Section 32 as on the date of commencement of the Orissa Co-operative Societies (Amendment) Act, 1991;] [Substituted by Orissa Act No. 28 of 1991, Section 19(g) & Section 19(h)(i), Section 19(h)(ii) dated 31.12.1991, w.e.f. 11.9.1992.]
