Section 41 in Himachal Pradesh Societies Registration Act, 2006
41. Supersession of Governing body.
(1)If, in the opinion of the Registrar, Governing body of any State-aided Society or any other Society engaged in delivering services to public, such as education, health, sanitation etc.,-(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 unwilling to perform such duties; or(b)commits acts which are prejudicial to the interest of the Society or its members; or(c)is otherwise not functioning properly; the Registrar may, by order in writing, remove the Governing body and appoint one or more Administrators to manage the affairs of the Society for a specified period not exceeding six months 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 authorized 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 get the new Governing body elected.(2)No order under sub-section (1) shall be made unless the Governing body has been given a reasonable opportunity on being heard.(3)The period specified in the order under sub-section(1) may be extended for further period of six months, for the reasons to be recorded in writing, by the Registrar, and thereafter no further period shall be extended.(4)The Administrator(s) appointed under sub-section (1) shall, subject to the control of 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 officers of the Society, and to take all such actions as may be required in the interest of the Society:Provided that Administrator (s) will enroll no new member and make no appointment.(5)The Registrar may fix the remuneration payable to the Administrator(s), and the amount of such remuneration and other costs, if any, incurred in the management of the Society shall be payable from the funds of the Society.(6)The Administrator(s) appointed under sub-section (1) shall, at the expiry of the period of appointment, arrange for the constitution of a new Governing body in accordance with the regulations of the Society.(7)If there is difference of opinion between the general body of the Society and Administrator(s) 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 Registrar to function under the supervision and with the approval of such authority as the Registrar may specify in this behalf and no order made or resolution passed or any other act performed by the Governing body, shall be effective unless it is approved by such specified authority.(9)Where the Registrar, while proceeding to take action under subsection (1) is of the opinion that suspension of the Governing body or any member during the period of proceedings is necessary in the interest of the Society, he may suspend, such Governing body or member, as the case may be, and where the Governing body is suspended, make such arrangements as he thinks proper for the proper management of the affairs of the Society till the proceedings are completed:Provided that if the Governing body or member so suspended is not removed, it or he shall be reinstated and the period of suspension shall count towards its or his term.
