Section 36 in Rajasthan Co-operative Societies Act, 1965
36. Removal of committee or member thereof.
(1)If in the opinion of the Registrar, the committee of any co-operative 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 interest of the society or its members, or wilfully disobeys directions issued by the Registrar for the purpose of securing proper implementation of co-operative production and other development programmes approved or undertaken by the Government, or is otherwise not discharging its or his functions properly, the Registrar may, after giving the committee or the member, as the case may be, a reasonable opportunity to state its or his objections, if any, by order in writing-(a)[ remove the committee and appoint a Government servant as an administrator to manage the affairs of the society and shall submit his report justifying the removal of the committee, to the State Government within a period of fifteen days from the date of removal of the committee; or] [Substituted by Rajasthan Act No. 17 of 1976 [13.2.1976](b)remove the member and get the vacancy filled up for the remainder of the term of the outgoing member, according to the bye-laws;[(1 A) Where a committee is removed under sub-section (1)-(a)any member of the committee so removed may appeal to the State Government against the decision of the Registrar removing the committee, within a period of thirty days from the date of the order of the removal;(b)the State Government, after perusing the report of the Registrar and where an appeal has been filed against the order of the removal of a committee, after hearing the appellant, shall, within a period of three months from the date of the order of removal of the committee, pass an order-(i)confirming the removal of the committee; or(ii)accepting the appeal and setting aside the order of removal;(c)if the State Government confirms the order of removal of a committee, it may allow the administrator to continue or may nominate another committee, and where the State Government accepts the appeal, and sets aside the order of removal, the committee so removed shall start functioning to all intents and for all purposes, as if it had never been removed;(d)the administrator appointed under cause (a) of sub-section (1) shall cease to hold office immediately upon the nomination of another committee or upon the setting aside of the order of removal, as the case may be. The nominated committee shall cease to hold office upon the expiry of the remainder of the term of the elected committee removed under clause (a) of sub-section (1);Provided that the State Government may, by order, extend the period of office of a nominated committee for such time not exceeding one year as may be specified in the order; and(e)the State Government may delegate its power of nomination of a committee under clause (c) to such officer of the State Government and in relation to such co-operative society as may be prescribed.][(1-B) If, before the expiry of the term of the committee as specified in the bye-laws, a new committee is not constituted, the Registrar may appoint a Government servant as administrator to manage the affairs of the society for a period not exceeding [two years] [Inserted by Rajasthan 2 of 1991, w.e.f.[31.8.1990.]] or till a new committee is constituted, whichever is earlier.Explanation. - A member of the committee for which an administrator is appointed under this sub-section shall not be deemed to be disqualified under sub-section (7) of section 34.] [Inserted by Rajasthan Act No. 17 of 1976 [13.2.1976.]](2)The administrator so appointed [or the committee so nominated, as aforesaid] [Inserted by Rajasthan Act No. 17 of 1976 [13.2.1976.]] shall, subject to the control of the Registrar and to such instructions as he may from time to time give, have powers to perform all or any of the functions of the committee or of any officer of the society and take all such action as may be required in the interest of the society.(3)The Registrar may fix the remuneration payable to the person appointed as administrator. The amount of such remuneration and the other costs, if any, incurred in the management of the society shall be payable from its funds.(4)[ The nominated committee before ceasing to hold office under clause (d) of sub-section (1-A), shall arrange for the election of a new committee in accordance with the bye-laws of the Society, and the newly elected committee shall function with effect on and from the date of the nominated committee cease to hold office as aforesaid.] [Inserted by Rajasthan Act No. 17 of 1976 [13.2.1976.]](5)[ Notwithstanding anything contained in this Act, during the period the administrator or the nominated committee holds office under sub-section (1-A), the general body or the society shall have no right to constitute any committee under section 33 except as provided under sub-section (4).] [Inserted by Rajasthan Act No. 17 of 1976 [13.2.19761.]](6)Before taking any action under sub-section (1) in respect of a co-operative society, the Registrar shall consult the financing bank to which the society is indebted.(7)No member of a committee in respect of which or against whom proceedings for removal under this section are pending shall be ineligible for election or appointment to the committee till the termination of such proceedings, unless the Registrar, is satisfied that prima facie charges are found against him after giving to such member, an opportunity of being heard, debars him for such election or appointment.Explanation. - A member of such committee,-(i)who is nominated to the committee by the Government or the Registrar under this Act or by an apex or central society, as classified under the rules; or(ii)who, in the opinion of the Registrar, is not guilty of any act or omission specified under sub-section (1) of this section, shall not be deemed to be disqualified under sub-section (7) of section 34.(8)[ Nothing contained in this section shall affect the provisions of section 78A.] [Inserted by Rajasthan Act No. 17 of 1976, w.e.f. 13.2.1976.]
