Section 37 in Himachal Pradesh Co-Operative Societies Act, 1968
37. [ Supersession of committee. [Substituted by Ord. No. 4 of 1975 Sec. 4 (Replaced by H.P. Act No. 7 of 1976).]
(1)If in the opinion of the Registrar, a committee of any co-operative society or any member thereof persistently makes default or is negligent in the performance of the duties imposed on it or him by this Act or the rules or the bye-laws or commits any act which is prejudicial to the interests of the society or its members, the Registrar may after giving such committee or member, as the case may be, an opportunity to state its or his objections, if any, by order in writing-(a)remove the committee; and(i)order fresh election to the committee; or(ii)appoint one or more administrators who need not be members of the society, to manage the affairs of the society for a period not exceeding one year specified in the order which period may at the discretion of the Registrar, be extended from time to time, so, however, that the aggregate period does not exceed five years; or(b)remove the member and get the vacancy filled up for the remaining period of the outgoing member, according to the provisions of this Act, the rules and the bye-laws.(1-A) Where the Registrar, while proceeding to take action under subsection (1), is of the opinion that suspension of the committee or any member during the period of proceedings is necessary in the interest of the cooperative society, he may suspend such committee or member, as the case may be, and where the committee is suspended, make such arrangement as he thinks proper for the management of the affairs of the society till the proceedings are completed:Provided that if the committee or member so suspended is not removed, it or he shall be re-instated and the period of suspension shall count towards its or his term.(2)The Registrar may fix such remuneration for the administrator as he may think fit. Such remuneration shall be paid out of the funds of the society.(3)The administrator shall, subject to the control of the Registrar and to such instructions as he may from time to time give, have powers to perform all or any of the functions of the committee or of any officer of the society and take all such actions as may be required in the interest of the society.(4)The administrator shall, at the expiry of his term of office, arrange for the constitution of a new committee in accordance with the bye-laws of the society.(5)Before taking any action under sub-section (1) in respect of a cooperative society, the Registrar shall consult the financing institutions to which it is indebted.(6)A member who is removed under sub-section (1) may be disqualified for being elected to any committee for such period not exceeding three years as the Registrar may fix and the said period shall commence after the expiry of the term of the committee from which he is removed]
