Section 29 in Uttarakhand Co-Operative Societies Act, 2003
29. Committee of management.
(1)The management of every co- operative society shall vest in Committee of management constituted in accordance with this Act, the rules and the bye-laws, which shall exercise such powers and perform such duties as may be conferred or imposed by this Act, the rules and the by-laws.(2)The term of every Committee of management shall be [three years]3 and the term of the elected members of the committee of management shall be co-terminus with the term of such committee :[Provided that the tenure of the Management Committee and its elected members, having completed the period of two years form the date of its constitution on or prior to the date of the commencement of the Act, shall expire on such commencement.] [Added by section 2 (b) of Uttarakhand Act No. 09 of 2007](3)[ To ensure that the newly elected members of the Board assume office immediately on the expiry of the office of members of the outgoing Board, the election shall be conducted before the expiry of the term of the Board.] [Subs. by section 2 (1) of Uttarakhand Act No. 22 of 2013][(3-a) To prepare electoral rolls of all elections of every co-operative Society and power of conduct, superintendent, direction and control of all elections shall be vested in the independently constituted Co-operative Election Authority by the State Government.(3-b) [There shall be a Chairman and three members in the Co-operative Election Authority, in which tow members shall be from Cooperative Service and one from Apex Cooperative Societies. The terms and service conditions of the Chairman and members and the number of employee and their qualifications shall be such as may prescribed by the State Government.] [Subs. By section 3 of Uttrakhand Act no 10 of 2015]](4)It shall be the duty of Chief Executive, (Secretary/G.M/managing Director by whatsoever name he is designated) of the co-operative society to send to the Registrar, [two months] [Added by section 2 (d) of Uttarakhand Act No. 09 of 2007] before the expiry of the term of committee of management, a requisition for conduction the election and to furnish all such information as may be required by him within such period as may be fixed by him.(5)(a)Where, for any reason whatsoever, the election of the elected members of the committee of management has not taken place or could not take place before the expiry of the term of elected members, the committee of management shall, notwithstanding anything to the contrary in this Act or the rules, or the bye-laws of the society, cease to exist on the expiry of such term.(b)On or as soon as may be after the expiry of such term, the Registrar shall appoint an Administrator or a committee of Administrators (hereinafter, in this section, referred to as the committee) for the management of the affairs of the society until the reconstitution of the committee of management in accordance with the provisions of the Act, the rules and the bye-laws of the society, and the Registrar shall have the power to change the administrator or, as the case may be, any member of the committee or to appoint a committee in place of an administrator or vice versa from time to time.(c)Where a committee is appointed under clause (b), it shall consist of a Chairman and such other members not exceeding five as may be nominated by the Registrar, out of which at least one shall be Government servant.(d)The procedure for summoning and holding of meetings of the committee, the time and place of holding such meetings, the conduct of business at such meetings and the number of members necessary to form quorum thereof shall be such as may be prescribed.(e)So long as no administrator or, as the case may be, the committee is appointed under clause (b), Chief Executive i.e. the Secretary/G.M. or the Managing Director, as the case may be, of the society shall be in charge only of the current duties of the committee of management.Explanation. - where results of the election of members of the committee of management have not been or could not be declared, for any reason whatsoever, before the expiry of the term of the elected members of the outgoing committee of management, it shall be deemed that the election of the elected members of the committee of management has not taken place within the meaning of this sub-section.(6)The Administrator or the Committee appointed under sub-section (5) shall, subject to any directions which the Registrar may from time to time give, have the power to perform all or any of the functions of the committee of management or of any officer of the society and shall be deemed for all purposed under this Act, the rules and the bye-laws of the society to be the committee of management and the Chairman of such committee shall exercise the powers and perform the function of the Chairman of the committee of management.(7)The administrator or the committee, as the case may be, appointed under sub-section (5), shall as soon as may be but not later than the expiry of {one year and six months}1 from the date of appointment, arrange for the reconstitution of the committee of management in accordance with the provisions of the Act, the rules and the bye-laws of the society to take over the management of the society from the Administrator or the committee, as the case may be :Provided that where an Administrator is replaced by a committee or a committee by an Administrator as provided in clause (b) of sub-section (5), the period of [one year and six months] [Subs. by section 2 of Uttarakhand Act No. 04 of 2012] shall count from the date the Administrator or the committee, as the case may be was originally appointed.
