Section 28A in Karnataka Co-Operative Societies Act, 1959
28A. [ Management of co-operative societies vest in the committee. [Section 28A inserted by Act 5 of 1984 w.e.f. 09.01.1984.]
(1)The management of a co-operative society shall vest in a committee constituted in accordance with this Act, the rules and the bye-laws of such society. The committee shall exercise such powers, discharge such duties and perform such functions as may be conferred or imposed upon it by this Act, the rules and the bye-laws.(2)[ The committee of a co-operative society shall consist of not less than nine but not exceeding the number of members specified below excluding Government nominees and the Chief Executive, namely:-(i)in the case of a primary society and a secondary society whose area of operation extends to,-(a)a part of a taluk, nine members;(b)whole taluk, eleven members;(c)beyond a taluk but not beyond a district, thirteen members;[Provided that in the case of an urban co-operative bank having an area of operation not beyond a district, the maximum number shall not exceed fifteen members](d)beyond a district, eighteen members;(ii)in the case of a federal society, excluding Apex societies, twenty one members;(iii)[ in the case of an Apex society, thirty two members:] [Substituted by Act 24 of 2001 w.e.f. 5.09.2001.]Provided that a member shall not represent more than one constituency in the committee of a society.(3)In the committee of every primary society there shall be reserved:-(i)one seat to be filled by election, in favour of the persons belonging to the Scheduled Castes and Scheduled Tribes;(ii)one seat to be filled by election, in favour of women:Provided that no such reservation shall be required to be made in case of a society where there are no members belonging to the Scheduled Castes, Scheduled Tribes and Women.(4)Subject to the provisions of sections 29A and 39A, the term of office of the members of the Committee shall be five co-operative years and they shall be deemed to have vacated office as such members of the Committee on the date of completion of the said term:Provided that if an election to the Committee of any co-operative society had already been held in accordance with the bye-laws of such society, prior to the commencement of the Karnataka Co-operative Societies (Amendment) Act, 1997, the term of office of the committee of such co-operative society shall be three years including the co-operative year in which such election was held.Explanation.-For the purpose of this sub-section where elections to the committee have been held in the middle of a co-operative year, for the purpose of computing the term of office of the committee, the remaining part of the co-operative year shall be deemed to be a co-operative year:Provided further that the first general meeting of a society after registration shall be held within one month from the date of its registration to elect the first committee to manage the affairs of the society and the term of office of such committee shall also be five co-operative years.[Provided also that the first general meeting of the Co-operative Society or Societies formed after amalgamation or reorganization or division in accordance with section 14 shall be held within three months from the date of registration to elect the first committee to manage the affairs of the Co-operative Society or Societies, and the term of office of such committee shall also be five Co-operative years] [Inserted by Act 13 of 2004 w.e.f. 22.03.2004.](5)If the new committee is not constituted under section 29A, on the date of expiry of the term of office of the Committee, the Registrar or any other officer within whose jurisdiction the society is situated, and who is authorized by the Registrar, shall be deemed to have assumed charge as Administrator and he shall, for all purposes function as such committee of management. The Administrator shall, subject to the control of the Registrar, exercise all the powers and perform all the functions of the committee of the co-operative society or any office bearer of the co-operative society and take all such actions as may be required, in the interest of the co-operative society.[Provided that the Registrar shall appoint an administrator to a Co-operative Society or each of the co-operative Societies formed after amalgamation or reorganization or division in accordance with section 14 for a period of three months and the administrator so appointed shall arrange for holding elections to a Committee of such Co-operative Society or Societies as the case may be] [Inserted by Act 13 of 2004 w.e.f. 22.03.2004.](6)The [members] [Substituted by Act 13 of 2000 w.e.f. 26.02.2000.] of the committee shall elect from among themselves the office bearers of the co-operative society. The election of the office bearers shall be by secret ballot.]]
