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State of Tripura - Section

Section 74 in The Tripura Co-operative Societies Act, 1974

74. Power of removal of committee or member thereof.

(1)If, in the opinion of the Registrar, the committee of any society or any member of such committee persistently makes default, or is negligent in the performance of the duties imposed on it or him by this Act or the rules or the bye-laws, or commits any act which is prejudicial to the interests of the society or its members, or wilfully disobeys directions issued by the Registrar for the purposes of securing proper implementation of co-operative production and other development programmes approved or undertaking by Government, or is otherwise not discharging its or his function properly, the Registrar may, after giving the committee or the member, as the case may be, an opportunity of stating its or his objections (if any) within fifteen days from the date of issue of notice, and after consulting the federal society to which the society is affiliated, by order, published in the official Gazette,-
(a)remove the committee, and-
(i)appoint a committee, consisting of three or more members of the society, in its place; or
(ii)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 total period does not exceed three years in the aggregate;
(b)remove the member and appoint any person as a member of such committee, in his place, for the remainder of the term of office of the member removed.
(2)The committee or administrator so appointed shall, subject to the control of the Registrar and to such instructions as he may from time to time give, have power to exercise all or any of the functions 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. The committee or administrator appointed as aforesaid shall notwithstanding anything contained in the bye-laws, have power to call a special general meeting of the society to review or to consider the decision or the resolution taken or passed at the general meeting called by the previous committee or the endorse actions taken by it.
(3)The Registrar may fix the remuneration to the administrator and any expenses of management which shall be payable out of the funds of the society within such time and at such intervals as the Registrar may fix and if such remuneration or expenses are not paid within such time or at such intervals, the Registrar may direct the person having custody of the funds of the society to pay the administrator such remuneration and expenses in priority to any other payment (except land revenue, arrears of land revenue, or any sum, recoverable from the society as arrears of land revenue) and he shall, so far as the funds to the credit of the society allow, comply with the order of the Registrar.
(4)If at any time during any period or extended period referred to in sub-section (1), it appears to the Registrar that it is no longer necessary to continue to carry on the affairs of the society as aforesaid, the Registrar may, by an order published in the official Gazette, direct that the management shall terminate; and on such order being made, the management of the society shall be handed over to a new committee duly constituted.
(5)The committee or administrator shall, at the expiry or termination of it or his term of office, arrange for the constitution of a new committee in accordance with the bye-laws of the society.
(6)All acts done or purported to be done by the committee or administrator during the period the affairs of the society are carried on by the committee or administrator appointed under sub-section (1), shall be binding on the new committee.