Section 81 in The Gujarat Co-Operative Societies Act, 1961
81. [ Supersession or suspension of Managing Committee. [Substituted by Gujarat Act No. 17 of 2013, dated 15.4.2013.]
(1)If in respect of a Managing Committee of a society having the Registrar as its members, the State Government, and in respect of a Managing Committee of a Society which does not have the Registrar as its member, the Registrar, is of the opinion that (i)the Committee persistently makes default; or(ii)the Committee is negligent in the performance of its duties imposed on it by or under this the Act or the rules made thereunder or the bye-laws; or(iii)the Committee has committed any act prejudicial to the interest of the society or its members; or(iv)there is stalemate in the constitution or functions of the committee; or(v)the authority which is assigned the functions of conducting elections in respect of Managing Committee has failed to conduct elections in accordance with the provisions of this Act,the State Government or, as the case may be, the Registrar, after giving the committee an opportunity of being heard, within fifteen days from the date of issue of notice, by an order in writing, supersede or kept under suspension the committee and appoint (a)a Committee, consisting of one or more members of the society, not being the members of the Committee superseded under this sub-section, or(b)one or more Administrators who need not be members of the society, or from amongst the officers of the Co- operative Department of the State Government, to manage the affairs of the society for a period not exceeding six months :Provided that the committee of any such society shall not be superseded or kept under suspension where there is no Government shareholding or loan or financial assistance or any guarantee, by the Government :Provided further that in case of a society carrying on the business of banking, the provisions of the Banking Regulation 10 of 1949. Act, 1949 shall also apply :Provided also that in case of a society, other than a Multi-State Co-operative Society, carrying on the business of banking, the provisions of this section shall have the effect as if for the words "six months", the words "one year" had been substituted.(2)In the case of supersession of a Managing Committee, where an Administrator is appointed to manage the affairs of the society, he shall arrange for conduct of elections within the period specified in sub-section (1) or sub-section (3) and handover the management to the incoming Managing Committee.(3)No Committee of a society shall be kept under suspension for a period exceeding six months for the reasons stated in sub-section (1).(4)In case where the committee is superseded or kept under suspension and the committee or Administrator so appoi4ted, shall, subject to the control of the State Government or, as the case may be, the Registrar and to such instructions as he may from time to time give, have powers to exercise all or any of the functions of the committee or of any office of the society and take all such actions as may be required in the interest of the society.(5)The conditions of service of the Administrator shall be such as may be prescribed by the State Government.]
