Section 35 in Uttarakhand Co-Operative Societies Act, 2003
35. Supersession or suspension of the committee of management.
(1)Where, in the opinion of the Registrar, the committee of management of any co-operative 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 of the society or commits any act which is prejudicial to the interest of the society or its members, or is otherwise not functioning properly, the Registrar after affording the committee of management a reasonable opportunity of being heard and obtaining the opinion of the general body of the society in a general meeting called for the purpose in the manner prescribed may, by order in writing, supersede the committee of management;(2)Where the Registrar, while proceeding to take action under sub-section (1) is of opinion that suspension of the committee of management during the period of proceeding is necessary in the interest of the society, he may suspend the committee of management which shall thereupon cease to function, and make such arrangement as he thinks proper for the management of the affairs of the society till the proceedings are completed :Provided that if the committee of management so suspended is not superseded it shall be reinstated and the period during which it has remained suspended shall not count towards its term.(3)Where the Registrar has superseded the committee of management under sub-section (1), he may appoint in its place, (for a period not exceeding six months) to be specified in the order of supersession;(a)a new committee consisting of one or more members of the society,(b)an administrator or administrators who need not necessarily be members of the society :Provided that the Registrar may, with the previous approval of the State Government extend the period of supersession, so however, that any single extension does not exceed six months and the total extension does not exceed one year :Provided further that the committee or an administrator or administrators appointed (before the commencement of Uttarakhand co-operative societies Act 2003) shall be deemed to have been duly appointed and no action taken or power exercised or functions performed by it or him, as the case may be, shall be deemed to be invalid or shall be called in question in any court on the ground of any defect in its or his appointment as such or on the ground that the committee of management was not reconstituted within time or the period of supersession or the term of its or his office was not duly extended.(4)The Registrar shall have the power to change the committee or any members thereof or the administrator or administrators appointed under clause (a) or (b) of sub-section (3) at his discretion during the period specified under that sub section.(5)The committee, administrator or administrators appointed under sub section (3) and (4) shall, subject to any directions which the Registrar may from time to time give, have the power to exercise all or any of the functions of the committee of management or of any officer of the society and shall be deemed for all purposes under this Act, the rules and the bye-laws of the society to be the committee of management.(6)Before the expiry of the period specified under sub section (3) the committee, administrator or administrators, appointed under sub sections (3) and (4) shall arrange for the reconstitution of the committee of management in accordance with this Act, the rules and the bye-laws of the society to takeover the management of the co-operative society on the expiry of the said period.(7)The provisions of section 29 shall apply in respect of reconstitution of the committee of management under this section.
