Section 39B in The Assam Co-operative Societies Act, 1949
39B.
(1)The State Government may, after giving an opportunity of showing cause, remove the Chairman the Vice-Chairman the Secretary and other member or office bearer or employee of a registered society from the office or membership held by him on any one or more of the following grounds, namely :(a)doing any act in violation of the provisions of the Act, the rules framed thereunder the registered by-laws of the society and other lawful orders of the Government or of the Registrar of Co-operative Societies;(b)doing any act which is prejudicial to the interest of the Co-operative movement;(c)misuse and defalcation of funds of the society;(d)misconduct and wilful neglect in the discharge of his duties;(e)refusal to act or in capability of acting.(2)The State Government may, at any time, suspend a Chairman a Vice-Chairman a Secretary or any other member, office bearer or employee of a registered society pending his removal under sub-section (1) if the State Government is of opinion that immediate actions are necessary and his continuance as such Chairman, Vice-Chairman, Secretary member office bearer or employee is inadvisable on any of the grounds for which he may be removed under sub-section (1) or on the ground of public interest.(3)When a Chairman, Vice-Chairman or any other member or office bearer or employee is suspended under sub-section (2) of this section, the state Government may make such arrangements as may be deemed necessary for discharging the duties, functions and obligations of the person so suspended till the termination of the order of suspension or, when a person is removed under sub-section (1) above, till the election or appointment of a person to the office or membership which was held by the person so removed.(4)Notwithstanding anything contained in this Act, if the term of office of any Chairman, Vice-Chairman member, other office bearer, or employee of any registered society expires during the continuance of any order passed under sub-section (2) of this section placing any such person under suspension, such person shall cease to function with effect from the date of such expiry and the arrangements made by the State Government under sub-section (3) will continue till the vacancies caused by such expiry are filled up in accordance with the provisions made by or under this Act.
