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State of Madhya Pradesh - Section

Section 33 in The M.P. Society Registrikaran Adhiniyam, 1973

33. Supersession of governing body.

(1)If, in the opinion of the State Government, governing body of any State aided society :-
(a)persistently makes default or is negligent in the performance of the duties imposed on it by or under this Act, regulations or bye-laws of the society or by any lawful order passed by the State Government or Registrar, or is un-willing to perform such duties; or
[(a-1) Persistently makes default or is negligent in the performance of the duties imposed on it by or under this Act, regulation or bye-laws of the society or by or under any other enactment for the time being in force or by any lawful order passed by the State Government or Registrar or is unwilling to perform such duties; or] [Substituted by M.P. 20 of 1978]
(b)commits acts which are prejudicial to the interest of society or its members; or
(c)is otherwise not functioning properly, the State Government may, by order in writing, remove the governing body and appoint a person or persons to manage the affairs of the society for a specified period not exceeding two years in the first instance :
Provided that where it is proposed to remove the governing body of the society exclusively on the ground that election to the governing body were not held in accordance with the provisions of this Act or the regulations or bye-laws made thereunder, no action shall be taken under this sub-section unless the Registrar or an officer authorised by him in this behalf has convened a meeting of the general body for conducting the election thereto in accordance with the provisions of this Act, or the regulations or bye-laws made thereunder but has failed to gel the new governing body elected :Provided further that the Registrar or the Officer authorised by him shall, for the purpose of conducting election have all the necessary powers under the Act or the regulations or bye-laws made thereunder.
(2)No order under sub-section (1) shall be made unless the governing body has been given a reasonable opportunity of showing cause against the proposed order and representation, if any, made by it, is considered.
(3)The period specified in the order under sub-section (1) may, at the discretion of the State Government be extended from time to time :Provided that no such order shall remain in force for more than three years in the aggregate.
(4)The person or persons so appointed shall, subject to the control of the Registrar and to such instructions as he may from time to time give, have power to exercise all or any of the functions of the governing body or of any officer of the society, and to take all such actions as may be required in the interest of the society.
(5)The State Government may fix the remuneration payable to the person or persons so appointed. The amount of such remuneration and other costs, if any, incurred in the management of the society shall be payable from its funds.
(6)The person or persons so appointed shall at the expiry of the period of his or their appointment, arrange for the constitution of a new governing body in accordance with the regulations of the society.
(7)If there is a difference of opinion between the general body of the society and person or persons appointed under sub-section (1) in respect of any matter it shall be referred to the Registrar for decision and his decision thereon shall be final.
(8)During the period between the issuance of notice and the passing of an order removing the governing body, the governing body may be required by the State Government to function under the supervision and with the approval of such authority as the State Government may specify in this behalf and no order made or resolution passed or any other act performed by the governing body, shall be effectual unless it is approved by such specified authority.