Section 33 in The Tamil Nadu Co-Operative Societies Act, 1983
33. Constitution and meetings of the board.
(1)(a)The management of every registered society shall vest in a board constituted in accordance with the provisions of this Act, the Rules and the bye-laws, which shall exercise such powers and perform such duties as may be conferred or imposed on it by this Act, the Rules and the bye-laws:[Provided that of the members to be elected to the board of every registered society, there shall be thirty per cent reservation for women and eighteen per cent reservation for Scheduled Castes and Scheduled Tribes:Provided further that the members of the board may co-opt not exceeding two persons having experience in the field of banking, management, finance or specialisation in agriculture, sericulture, dairy, marketing, small or cottage industry or in any other field relating to the objects and activities undertaken by the registered society, as members of the board of the registered society:Provided also that the board may also consist of such number of functional directors, not exceeding nine, as may be prescribed in the rules or in the by-laws of the registered society.Explanation I. - For the purpose of this proviso and for clause (c) of sub-section (2), "functional director" means a paid officer of the society or an officer of Government department or representative of central or apex society or such other bodies like Reserve bank of India or National Bank for Agriculture and Rural Development having relation with the functioning of the registered society.Explanation II. - For the purpose of sub-sections (1) and (2), while calculating the eighteen per cent or thirty per cent of reservation, the fraction, if any, shall be ignored if it is less than half, or rounded off to the nearest whole number if it is equal to or more than half:] [Substituted by Tamil Nadu Act No. 4 of 2013, dated 23.2.2013, w.e.f. 31.1.2013.][Provided also that nothing contained in the first proviso [xxx] [Proviso was substituted by the Tamil Nadu Co-operative Societies (Amendment) Act 1989 (Tamil Nadu Act 36 of 1989).] shall be deemed to prevent any woman or the members of the Scheduled Castes and Scheduled Tribes for whom representations have been made thereunder in the board of any registered society from being elected to any of the seats in the board of such registered society:] [Sub sections (2) and (2-A) were substituted for original sub-section (2) by section 4 of the Tamil Nadu Co-operative Societies (Amendment) Act, 1989 (Tamil Nadu Act 36 of 1989).]Provided also that in the case of a society registered after the commencement of this Act, the persons who have signed the application to register that society may constitute an interim board to conduct the affairs of that society for a period of three months from the date of registration or for such further period or periods not exceeding [six months] [Substituted for 'one year' by Tamil Nadu Act No. 4 of 2013. dated 23.2.2013, w.e.f. 31.1.2013.] in the aggregate from the date of registration if the Registrar may consider necessary; but the interim board constituted under this proviso shall cease to function as soon as a board has been constituted in accordance with the provisions of this Act, the Rules and the bye-laws.(b)Notwithstanding anything contained in clause (a), where the Rules or the bye-laws so provide, the Government or the Registrar may nominate all or any of the members of the board including the President and Vice-President from among the members of the registered society or from among the Government servants or both:Provided that no nomination shall be made in respect of all the members of the board-(i)for more than six months in the case of registered societies where the nominated board has held office for two and a half years or more on the date of the commencement of this Act; and(ii)for more than three years from the date of nomination in all other cases.(2)[ Notwithstanding anything contained in clause (a) of sub-section (1), but subject to sub-section (3), in the case of every scheduled co-operative society the board shall consist of,-(a)such number of members elected from such area or from such class or category of registered societies as may be prescribed, of whom eighteen per cent shall be elected from members of Scheduled Castes and Scheduled Tribes and thirty per cent shall be elected from women, as provided in the first proviso to sub-section (1);(b)such number of co-opted members not exceeding two as may be prescribed; and(c)such number of functional directors not exceeding nine, as may be prescribed in the rules:Provided that nothing contained in clause (a) shall be deemed to prevent any woman or the members of the Scheduled Castes and Scheduled Tribes for whom reservation have been made thereunder in the board of any scheduled co-operative society from being elected to any of the seats in the board of such scheduled co-operative society.] [Substituted by Tamil Nadu Act No. 4 of 2013. dated 23.2.2013 w.e.f. 31.1.2013.](3)[ The board shall consist of,-(a)in the case of an apex society and a central society, not less than eleven and not more than twenty-one members as may be prescribed in the rules or in the by-laws of the society; and(b)in the case of primary society, not less than seven and not more than twenty-one members as may be prescribed in the rules or in the by-laws of the society.](4)[ (a) The number of co-opted members and functional directors mentioned in sub-section (1) anti sub-section (2) shall be excluded for the purpose of counting the total number of members specified in sub-section (3);(b)Notwithstanding anything contained in this Act, the co-opted members and functional directors shall have the right to participate and vote at the meetings of the board but shall not be entitled to vote at, or contest for, any election in the registered society in their capacity as such members.][xxx] [Sub-sections (5) and (6) omitted by Tamil Nadu Act No. 4 of 2013, dated 23.2.2013, w.e.f. 31.1.2013.](7)The Government shall appoint a managing director [or chief executive officer] [Inserted by Tamil Nadu Act No. 4 of 2013. dated 23.2.2013, w.e.f. 31.1.2013.] to -(i)every apex society,(ii)every scheduled co-operative society, and(iii)such other registered societies as may be notified by the Government. The qualifications and the powers and functions of the managing director [or chief executive officer] [Inserted by Tamil Nadu Act No. 4 of 2013, dated 23.2.2013, w.e.f. 31.1.2013.] shall be such as may be prescribed:Provided that where the bye-laws of any other registered society provide for the appointment of a managing director [or chief executive officer] [Inserted by Tamil Nadu Act No. 4 of 2013. dated 23.2.2013, w.e.f. 31.1.2013.] by the Registrar, such appointment shall be made by the Registrar.(8)Where the Government or a financing bank have or has taken shares in, or given financial or other assistance to, a registered society, the Government or the financing bank, as the case may be, notwithstanding anything contained in sub-section (1) or sub-section (2) nominate to the board of such registered society not more than two [functional directors] [Substituted for 'Members' by Tamil Nadu Act No. 4 of 2013, dated 23.2.2013, w.e.f. 31.1.2013.] if such registered society is an apex society, and one [functional director] [Substituted for 'Member' by Tamil Nadu Act No. 4 of 2013, dated 23.2.2013, w.e.f. 31.1.2013.] in other cases, and where the Government or a financing bank nominate under this sub-section, then, notwithstanding any thing contained in subsection (3), the number of [functional directors] [Substituted for 'Members' by Tamil Nadu Act No. 4 of 2013, dated 23.2.2013, w.e.f. 31.1.2013.] of the board shall stand increased by such number as is nominated under this sub-section. The Government or the financing bank may, at any lime, withdraw any person or persons so nominated and fill up the vacancy or vacancies by fresh nomination:Provided that where both the Government and a financing bank have taken shares or given financial or other assistance, the Government shall determine whether the Government or the financing bank or both may make the nominations:Provided further that the nominee of the Government to a board of a registered society under this sub-section shall be a Government servant:[***] [Third proviso omitted by Tamil Nadu Act No. 4 of 2013, dated 23.2.2013, w.e.f. 31.1.2013.](9)[ Every functional director, who is a Government servant nominated to a board of a registered society shall refer to the Government in the case of an apex society, and to the Registrar in the case of any other registered society any resolution of the board of such apex society or other registered society, as the case may be, which is not in accordance with this Act, the rules or the by-laws of the society or which is against the interests of such apex society or other registered society, as the case may be. On receipt of such report, the Registrar or the Government, as the case may be, shall take such action as he or they may deem necessary.] [Substituted by Tamil Nadu Act No. 4 of 2013, dated 23.2.2013, w.e.f. 31.1.2013.](10)(a)The term of office of a member who is elected to any board constituted under this Act, the Rules or the bye-laws shall be [five years] [Substituted for 'three years' by Tamil Nadu Act No. 4 of 2013, dated 23.2.2013, w.e.f. 31.1.2013.].[xxx] [Clauses (aa) and (aaa) omitted by Tamil Nadu Act No 4 of 2013, dated 23.2.2013, w.e.f. 31.1.2013.](b)[ Every co-opted member of the board shall hold office only for such period for which the members of the board who have co-opted the member would have been entitled to hold office.] [Substituted by Tamil Nadu Act No. 4 of 2023, dated 23.2 3013, w.e.f. 31.1.2013.](c)The Government, the Registrar, the prescribed authority or the financing bank or the board of another society or other interest may, at any time, withdraw [any co-opted member or functional director if his or her action is detrimental to the interest of the society and fill up the vacancy or vacancies] [Substituted for 'any person or persons nominated and fill up the vacancy or vacancies by fresh nomination' by Tamil Nadu Act No. 4 of 2013, dated 23.2.2013, w.e.f. 31.1.2013.].(11)[ (a) Notwithstanding anything contained in this Act, election of members to the board of a registered co-operative society shall be conducted before the expiry of the term of office of the members of the board so as to ensure that the newly elected members of the board assume office immediately on the expiry of the term of office of members of the outgoing board;(b)The superintendence, direction and control of the preparation of the electoral rolls for, and conduct of, all election to a co-operative society shall vest in the Tamil Nadu State Co-operative Societies Election Commission constituted under section 33-A;(c)Save as otherwise provided in this Act or rules,-(i)the member of the board of a registered society shall be elected by the members of the registered society by secret ballot in such manner as may be prescribed;(ii)the office-bearers of a registered society shall be elected by the elected members of the board from among themselves by secret ballot in such manner as may be prescribed:Provided that any casual vacancy in the office of a member of the board shall be filled up by the board by nomination out of the same class of members in respect of which the casual vacancy has arisen, if the remaining term of office of the board is less than half of its original term:Provided further that any casual vacancy in the office of a member of the board, shall be filled up by election in such manner as may be prescribed, if the remaining term of office of the board is not less than half of its original term.] [Substituted by Tamil Nadu Act No. 4 of 2013, dated 23.2.2013, w.e.f 31.1.2013.][xxx] [Sub-section (12) omitted by Tamil Nadu Act No. 4 of 2013, dated 23.2.2013, w.e.f. 31.1.2013.](13)[ The ordinary meetings of a board shall be held at least once in every three months for which a notice of not less than three clear days shall be given. The managing director or the chief executive officer, in consultation with the president or chairperson and in his absence the vice-president or vice-chairperson, as the case may be, of such board or where there is no managing director or chief executive officer, the president or the chairperson of such board, shall convene the meeting of such board.] [Substituted by Tamil Nadu Act No. 4 of 2013, dated 23.2.2013, w.e.f. 31.1.2013.](14)(a)The managing director [or the chief executive officer] [Inserted by Tamil Nadu Act No. 4 of 2013, dated 23.2.2013, w.e.f. 31.1.2013.] in consultation with the President [or the chairperson] [Inserted by Tamil Nadu Act No. 4 of 2013, dated 23.2.2013, w.e.f. 31.1.2013.] or in his absence the Vice-President [or the vice-chairperson] [Inserted by Tamil Nadu Act No. 4 of 2013, dated 23.2.2013, w.e.f. 31.1.2013.] of the board or where there is no managing director [or the chief executive officer] [Inserted by Tamil Nadu Act No. 4 of 2013, dated 23.2.2013, w.e.f. 31.1.2013.], the President [or the chairperson] [Inserted by Tamil Nadu Act No. 4 of 2013, dated 23.2.2013, w.e.f. 31.1.2013.] of such board, may, at any time, call a special meeting of the board and shall call such a meeting within fifteen days of a requisition in that behalf from -(i)not less than one third of the members of the board; or(ii)the board of the financing bank to which such registered society is indebted; or(iiii)any other registered society of such c lass as may be prescribed for the purpose; or(iv)the Registrar, for which a notice of three clear days shall be given to the members of the board.(b)The requisition referred to in clause (a) shall be in writing and shall specify the subjects that shall be placed for consideration at such requisitioned meeting.(15)II the managing director [or the chief executive officer] [Inserted by Tamil Nadu Act No. 4 of 2013, dated 23.2.2013, w.e.f. 31.1.2013.] or the President [or the or the chairperson] [Inserted by Tamil Nadu Act No. 4 of 2013, dated 23.2.2013, w.e.f. 31.1.2013.], as the case may be, fails to call a meeting in accordance with a requisition under clause (a) of sub-section (14), the Registrar shall, if he is satisfied that there are sufficient and valid reasons to convene the board meeting, call the meeting himself and order that the expenses incurred in convening the meeting shall be paid out of the funds of the society.[xxx] [Sub-sections (16) and (17) omitted by Tamil Nadu Act No. 4 of 2013, dated 23.2.2013, w.e.f. 31.1.2013.]
