Section 39 in Sikkim Co-Operative Societies Act, 1978
39. Super session of committee.
(1)If, in the opinion of the Registrar, the committee of any society persistently makes default or is negligent in the performance of the duties imposed on it by this Act or the rules or the bye-laws, or commits any act which is prejudicial to the interest of the society, or its members, or the cooperative movement in the state, or will fully disobeys or fails to comply with any lawful order or directions issued under this Act or the rules. the Registrar may, after giving the committee an opportunity to state its objections, if any by order in writing, remove the committee; and(a)order fresh election of the committee, or(b)appoint one or more administrators who need not be members of the society, to manage the affairs of the society for a period not exceeding one year specified in the order which period may, at the discretion of the Registrar be extended from time to time, so, however, that the aggregate period does not exceed three years.(2)The Registrar may fix any remuneration for the administrator, as he may think fit. Such remuneration shall be paid out of the funds of the society.(3)The administrator shall, subject to the control of the Registrar and to such instructions he may from time to time issue, exercise all or any of the powers of the committee or of any officer of the society and take all such actions as may be required in the interest of the society.(4)The administrator or administrators shall, before the expiry of his or their term of office, take all steps to constitute a new committee in accordance with the bye-laws of the society.(5)Before taking any action under sub-section (1) in respect of a society. the Registrar shall consult the State Co-operative Bank to which it is indebted.
