Section 41 in Jharkhand Co-operative Societies Act, 2008
41. Dissolution of Managing Committee.
(1)If in the opinion of the Registrar the managing committee of any registered co-operative society, is mismanaging the affairs of the registered co-operative society or has failed to sufficiently improve the affairs of registered society or is persistently making default or is negligent in the performance of the duties imposed on it by this Act, the Rules or the bye-laws, he may by order in writing after giving the managing committee an opportunity to state its objections, if any, dissolve the managing committee for any period not exceeding six months and order that all or any of its members shall be disqualified from being elected to the managing committee of the registered cooperative society for a period to be specified in the order not exceeding five years.Provided further that the Registrar, in special circumstances and for constitution of Managing Committee by election, may further extend period of super session by a maximum period of three months.Provided that in respect of Self Supporting Societies, the Registrar may after giving the society thirty days notice of the proposed application, apply to the Tribunal for an order superseding the society where he has reason to believe that the society is mismanaging the affairs, failed to sufficiently improve the affairs or is persistently making default or is negligent in the performance of the duties imposed on it by this Act, the Rules or the bye-laws of the registered society.The Registrar shall record every order passed under this section and inform the concerned society by registered post.(2)When a Managing Committee is superseded under sub-section (2), the Registrar shall appoint an Administrator on such remuneration, if any, as he may fix to carry on the business of the society, and the Administrator, shall subject to any direction issued by the Registrar from time to time, exercise all the powers and perform all the duties which may under this Act, the Rules and the bye-laws, be exercised or performed by the Managing Committee or any officer of the registered society:Provided that Registrar shall have the power to change the Administrator during the period of dissolution.(3)The Registrar shall, before the expiry of the period of super session under sub-section (2), require the Administrator to take necessary action for the constitution of the new Managing Committee and the Administrator shall forthwith hand over the management to the new Managing Committee constituted in accordance with the provisions of the Act and the Rules.(4)The Registrar may dissolve the Managing Committee of a registered cooperative society in case where -(a)majority of the members and elected office-bearers of the Managing Committee of a registered society resign from their respective membership or office; or(b)half the total number of seats of the Managing Committee of a registered society, becomes vacant for any reason whatsoever; and shall appoint Administrator for the better management of the registered society;Provided that if during the period of dissolution of the Managing Committee, the Registrar is satisfied that the affairs of a registered society have sufficiently improved and it is desirable to restore the management to a newly elected Managing Committee, he may by order direct that he Administrator shall take steps for the constitution of a new Managing Committee and on such Committee having been constituted in accordance with the provision of this Act and the Rules, the Administrator shall hand over the management to such newly constituted Managing Committee forthwith.(5)An appeal shall lie from an order of the Registrar under sub-section (1) & subsection (2) to the State Government on application made by any member of the Managing Committee within one month from the date of communication of the order to the registered society concerned. The order of the State Government on appeal, and subject to the result of such appeal, if any, the order of the Registrar shall be final.(6)The Registrar may issue such direction to the Administrator as to his powers and duties and the affairs of registered society as the Registrar deems desirable and the Administrator may apply to the Registrar at any time for instruction as to the manner in which the Administrator shall conduct the management of the registered society.(7)Nothing in this section shall be deemed to effect the powers of Registrar to order the windings up of a registered society under section 42 or to cancel the registration of the registered society under sub-section (8) of section 44.
