30. (1) The final authority of every society shall vest in the general body of members in general meting;
Provided that in such circumstances as may be prescribed the final authority may vest in the delegates of such members elected in the prescribed manner and assembled in general meeting.

(2) The general meeting shall be summoned and shall exercise its authority in such manner as may be prescribed.

31. (1) The management of every society shall vest in a committee constituted in accordance with the bye-laws.

(2) No person shall be eligible to be elected as a member of a committee unless he is a member of the society.

(3) No member of a society shall be eligible for being elected as a member of the committee of that society or of any other society to which such society is affiliated, if such member.

(4) A member of the committee of a society shall cease to be a member of such committee if he becomes subject to any of the disqualifications mentioned in sub-section (3) and the vacancy so arising so arising in the committee shall be filled in accordance with the bye-laws.

32. (1) The general meeting of every society shall be held within a period of six months after the date fixed for making-up its accounts for the co-operative year under the rules for the time being in force for the purpose of

(a) approving the programmed of the activities of the society prepared by the committee for the ensuring co-operative year;

(b) electing the members of the committee other than members no-minted under section 38;

(c) considering the audit report and the annual report;

(d) disposing of the net profits; and

(e) considering any other matter which may be brought forward in accordance with the bye-laws.
 

Provided that the Registrar may, by general or special or order, extend the period for holding such meeting for a further period not exceeding three months.
Provided further that, if in the opinion of the Registrar no such extension is necessary or such meeting is not called by the society within the extended period, if any, granted by him, the Registrar or any person authorized by him may call such meeting and exercise all powers and functions of an officer of the society authorised to convene such meeting and that meeting shall be deemed to be a general meeting duly called by the society. The Registrar may order that expenditure incurred in calling such a meeting shall be paid out of the funds of the society or by such person or persons who, in the opinion of the Registrar, were responsible for the refusal or failure to convene the general meting.

(2) At every annual general meeting of a society, the committee shall lay before the society a statement showing details of the loans, if any , given to any of the members of the committee during the preceding year.

33. (1) The committee of a society may, at any time call a special general meeting of the society and also shall call such meeting within one month after the receipt of a requisition in writing from the Registrar or from such number of members or a proportion of the total numbers, of members, as may be provided in the bye – laws.

(2) If a special general meeting of a society is not called in accordance with the requisition referred to in sub-section (1). The Registrar or any person authorised by him in this behalf shall call such meeting and exercise all powers and function of an officer of the society who is authorized to convene such special general meeting and that meeting shall be deemed to be a meeting called by the committee, and the Registrar may order that the expenditure incurred in calling such a meeting shall be paid out of the funds of the society or by any such person or persons who, in the opinion of the Registrar, were responsible for the refusal or failure to convene the special general meeting.

34. (1) The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of elections of the members of the committees of such societies or class of societies as may be notified by the state government in the official gazette shall be vested in such returning officers not below the rank of gazette officers as may be appointed by the Government in this behalf.

(2) The vote at such elections shall be by secret ballot.

35. The term of office of the elected members of the committee shall be such, not exceeding three co-operative years including the co-operative years of their election, as may be specified in the bye-laws of the society;
Provided that the elected members shall continue to hold office till their successors are elected or nominated under the provisions of the Act or the rules or bye – laws.

36. Notwithstanding anything contained in this Act, a person shall be disqualified for election as, or for being, the president, vice-president, chairman, vice-chairman. Joint Secretary or treasurer of a committee,

(a) if he has hold any such office on that committee during the preceding two consecutive terms, whether full or part;

(b) if he holds any such office on a committee of another society of the same type

(c) if he holds any such office on the committees of three or more societies of different types the state Coordinative Bank or a federal society;

Provided that nothing contained in this sub-section shall be deemed to disqualify any such person for election as, or for being, a delegate of a society or a member of another committee.

Explanation 1 : Where any person holding any office as aforesaid at the commandment of this Act is again elected to any such office after such commencement, he shall, for the purpose of this sub-section, be deemed to have held that office for one term before such election

Explanation 2 : A person who has ceased to hold any such office as aforesaid continuously for one full term shall again be qualified for election to any of those offices.

37. On the committee of a primary agricultural credit society or other societies as may be prescribed, not less than one-third of total seats shall be reserved for economically weaker section of the members who, as land owners or tenants or as both; do not hold more than the prescribed area of agriculture land or who fulfill the prescribed conditions, and if no such persons are elected, the committee shall co-opt the required number of members from amongst the persons entitled to such representation.

38. (1) Notwithstanding anything contained in this Act, but subject to the provisions of section 36, where the Government has subscribed to the share capital of a society or has assisted directly in the formation or augmentation of the share capital of a society, or has guaranteed the repayment of principal and payment of interest on loans and advances to a society, the government or any other person authorised by it in this behalf shall have the right to nominate members on the committee in the manner prescribed below viz.

(1) where the Government shareholding is not less than one third and not more than two – thirds of the equity the number of government nominees shall not exceed a third of the total number of members of the committee or three, whichever is less

(2) where the Government holds more than two – third of the total equity, the number of Government nominees shall not exceed one-half of the total number of members of the committee or five whichever is less.
Provided that in the case of societies registered after the commencement of this Act, the Government may have the power to nominate the initial committee for a period of 3 years or such extended period as may be decided by the Government.

(3) A person nominated under sub-section (1) shall hold office during the pleasure of the Government.

39. (1) If, in the opinion of the Registrar, the committee of any society persistently makes 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 co-operative movement in the state, or willfully 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 objection 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 id out of the funds of the society.

(3) The administrator shall, subject to the control of the Registrar and to such instructions as 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 of office, take all steps to constitute a new committee in accordance with the bye-laws of the society.

40. (I) (a) If the records, registers, documents or the books of accounts of a society are likely to be tampered with or destroyed and the fund, securities and other properties of a society are likely to be misappropriated or misapplied; or

(b) If the committee of the society is reconstituted at a general meeting of the society or the committee of a society is removed by the Registrar under section 39 or if the society is ordered to be wound up under section 75 and the outgoing members of the committee refused to hand over charge of the records and properties of the society to those having or entitled to receive such charge the Registrar or any other person authorised by him in this behalf may apply to the Magistrate, within whose jurisdiction the society functions, for securing the records and property of the society.

(2) On receipt of an application under sub-section (1), the magistrate may, by a warrant, authorize any police officer not below the rank of Sub-Inspector to enter and search any place where the records and the property are kept or are believed to be kept and to seize such records and properties; and the records and properties so seized shall be handed over to the new committee or administrators of the society or the liquidator, as the case may be.
Acts of societies not to be invalidated by certain defects

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