Section 28 in Kerala Cooperative Societies Act, 1969
28. Appointment of committee.
(1)The general body of a society shall [constitute a committee, for a period] [Substituted 'constitute a committee' by Kerala Act No. 5 of 1992.] [of] [Substituted 'not exceeding' by Kerala Act No. 8 of 2013.] [five years] [Substituted by Kerala Act No. 1 of 2000.] in accordance with the bye-laws and entrust the management of the affairs of the society to such committee:[Explanation. - Notwithstanding anything contained in the bye-laws, for the purpose of calculating the term of committee, five years from the date of election will be taken to be the term of the committee.] [Added by Kerala Act No. 8 of 2013.]Provided that, in the case of a society registered after the commencement of this Act, the persons who have signed the application to register the society may appoint a committee to conduct the affairs of the society for a period of three months from the date of registration or for such further period as the Registrar may consider necessary; but the committee appointed under this proviso shall cease to function as soon as a committee has been constituted in accordance with the bye-laws:[Provided further that where the bye-laws so provide, the Government or the Registrar may nominate all or any of the members of the first committee , including the president or chairman, for a period not exceeding six months:] [Substituted by Kerala Act No. 19 of 1987.][***] [Omitted 'Proviso' by Kerala Act No. 7 of 2010.][Provided also that election to the committees of the societies shall not be conducted on ward basis irrespective of any provisions to the contrary contained in the bye laws of nay society.] [Substituted by Kerala Act No. 14 of 2017, dated 13.9.2017.](1A)[ Notwithstanding anything contained in the bye-laws of the Society, the number of the members of the committee shall not be less than seven and shall not exceed thirteen in the case of primary Co-operative Societies and twenty five in the case of all other types of co-operative societies.] [Substituted by Kerala Act No. 7 of 2010.][Provided that in the case of committees of Primary Co-operative Societies constituted prior to the commencement of the Kerala Co-operative Societies (Amendment) Act, 2010 the maximum number of members shall be fifteen.] [Inserted by Kerala Act No. 7 of 2010.][Provided further that this section shall not be applicable to the committees of Primary Co-operative Societies and all other types of co-operative societies constituted prior to the commencement of the Kerala Co-operative Societies Amendment) Act, 2013:Provided also that this section shall not be applicable to the societies where election notification was issued and election procedure was started on the basis of the existing provisions of the Act prior to the commencement of the Kerala Co-operative Societies (Amendment) Act, 2013.] [Added by Kerala Act No. 8 of 2013.](1AA)[ Notwithstanding anything contained in sub-section (1A), where on receipt of a report from the Registrar, the Government are satisfied that a new committee cannot be constituted or cannot enter upon office of a society before the expiry of the term of office of the committee, administrator or administrators, as the case may be, appointed by him under sub-section (1A) and that it is necessary in the public interest to manage the affairs of the society and to enable a new elected committee to enter upon office, the Government may, by notification in the Gazette, for reasons to be recorded, permit the Registrar to extend the term of office of such committee, administrator or administrators for a further period not exceeding three months in aggregate or till a new committee enters upon office, whichever is earlier.] [Inserted by Kerala Act No. 16 of 1993.](1B)[ Notwithstanding anything contained in the bye-laws of any Federal Cooperative Society, the number of individuals in the society and the Committee thereof shall not exceed twenty five percent of the total number of members in the society or in the Committee, as the case may be] [Substituted by Kerala Act No. 1 of 2000.] [subject to the limit specified in sub-section (1A) of section 28.] [Inserted by Kerala Act No. 8 of 2013.](1C)[ Notwithstanding anything contained in the bye-laws of a Primary Credit Society or an Urban Co-operative Bank, one seat in the committee of each such society shall be reserved for the members having a deposit of ten thousand rupees and above.] [Inserted by Kerala Act No. 7 of 2010.](1G)[ Notwithstanding anything contained in the bye-laws of a society, the committee in office shall co-opt two persons or representatives who are having experience in the field of banking, management, finance or specialization in any other field, relating to the objects and activities undertaken by the Co-operative society as members of the Board of such society:Provided that the number of such co-opted members shall not exceed two in addition to maximum limit specified in sub-section (1A):Provided further that such co-opted members shall not have the right to vote in any election of the co-operative society in their capacity as such member and is not eligible to be elected as office bearers of the board:Provided also that such co-opted members of a co-operative society shall also be members of the board and such members shall be excluded for the purpose of counting the total number of directors specified in sub-section (1 A).] [Substituted by Kerala Act No. 8 of 2013.][***] [Omitted '(1I)' by Kerala Act No. 14 of 2017, dated 13.9.2017.](1J)[ Notwithstanding anything contained in the bye-laws of the society, casual vacancy of an elected member of the committee shall be filled up by nomination by the Committee out of the same class of members, if the term of office of the board is less than half of its original term.] [Added by Kerala Act No. 8 of 2013.](2)Notwithstanding anything contained in any law for the time being in force, a person shall be disqualified for appointment as, or for being, a member of a committee-(a)if he is member of the committee of [more than one society of the same type; or] [Substituted 'another society of the same type; or' by Kerala Act No. 7 of 2010.](b)if he is member of the committees of [more than two societies of different types ;] [Substituted 'two or more societies of a different type or different types:' by Kerala Act No. 7 of 2010.]Provided that nothing contained in this sub-section shall be deemed to disqualify a person for election as, or for being, a delegate of a society(3)Nothing contained in clause (a) of sub-section (2) shall be deemed to disqualify a member of the committee of a society for appointment as, or for being, a member of the committee of the apex or central society of the same type:Provided that no member of a committee shall be the president or chairman of more than one society of the same type.(4)The members of a committee may be paid honorarium at such rates as may be prescribed.(5)[ The quorum for a meeting of a committee shall be such number of members just above fifty per cent of the total number of members of that committee.] [Inserted by Kerala Act No. 19 of 1987.]
