Section 28

Amendment status not verified — confirm the current text below against the official source.

*(1) The general body of a society shall [constitute a committee], for a period 39A[of] [five years], in accordance with the bye-laws and entrust the management of the affairs of the society to such committee. 40A[Explanation.-- Notwithstanding anything contained in the bye-laws, for the purpose of calculating the term of committee, five years from the date of election will be taken to be the term of the committee.] Provided that in the case of society registered after the commencement of this Act, the persons who have signed the application to register the society may appoint a committee to conduct the affairs of the society for a period of three months from the date of registration or for such further period as the Registrar may consider necessary; but the committee appointed under this proviso shall cease to function as soon as a committee has been constituted in accordance with the bye-laws: [Provided further that where the bye-laws so provide, the Government or the Registrar may nominate all or any of the members of the first committee, including the President or Chairman, for a period not exceeding [twelve months.] 42A[Provided also that the election to 45BC[the committees of all Primary Agricultural Credit Societies and all primary] societies shall not be conducted on ward basis irrespective of any provisions to the contrary contained in the bye-laws of 45BD[such society]] [x x x x] [44A[(1 A) Notwithstanding anything contained in the bye-laws of the Society, the number of the members of the committee shall not be less than seven and shall not exceed 44AA[fifteen] in the case of primary Cooperative Societies and 44AB[twenty one] in the case of all other types of co-operative societies.] 44B[x x x x] (1B) Notwithstanding anything contained in the bye-laws of any Federal Cooperative Society, the number of individuals in the society and the Committee thereof shall not exceed twenty five percent of the total number of members in the society or in the Committee, as the case may be 44BB[subject to the limit specified in sub-section (1A) of Section 28.] 44C[(1C) Notwithstanding anything contained in the bye-laws of a Primary Credit Society or an Urban Cooperative Bank, one seat in the committee of each such society shall be reserved for the members having a deposit of 45BE[twenty-five thousand rupees] and above.] 45BF[(1CA) Notwithstanding anything contained in the Act, rules or the bye-laws of the society, two seats in the Committee of each society shall be reserved for members who shall not exceed the age of forty years on the date of filing of nomination for election, of whom one shall be from the non-reserved category and one shall be a woman from the reservation category provided in sub-section (1) of section 28A.] 44CC[(1D) Notwithstanding anything contained in this Act or in any judgment, decree or order of any Court, the registration of any Primary Cooperative Agricultural and Rural Development Bank without the bifurcation of area, assets and liabilities of the society and the constitution of the committee pursuant to any such registration without such bifurcation shall be void and the Registrar shall appoint Special Officer for each of such societies which were registered without bifurcation of area, assets and liabilities. 45A[(1DA) Notwithstanding anything contained in this Act or in any judgment, decree or order of any Court, the registration of any Primary Tourism Cooperative Society without bifurcation of area, assets and liabilities of the society and the constitution of the Committee pursuant to any such registration without such bifurcation shall be void and the Registrar shall appoint a Special Officer for each of such societies.] (1E) The Special Officer so appointed shall,-- (i) take into custody or bring under his control, the property, effects and actionable claims to which the erstwhile society is or appears to be entitled to and shall take steps as may be necessary or expedient to prevent loss or deterioration of or damage to, such property, effects and claims; (ii) take such steps for the bifurcation of area, assets and liabilities of the society and also shall take all steps to register new society with the members of the society so bifurcated and constitute the committee; 45BG[(iii) such bifurcation shall be completed within a period of one year from the date of issue of bifurcation order by the Registrar.] 45AA[(1F) x x x x] 44CD[(1G) Notwithstanding anything contained in the bye-laws of a society, the Committee in office shall co-opt two persons or representatives who are/were in paid service of a Commercial Bank, Kerala State Co-operative Bank, an Urban Co-operative Bank, Kerala State Agriculture and Rural Development Bank, a Primary Co-operative Agricultural and Rural Development Bank, erstwhile District Co-operative Banks or a Service Co-operative Bank in the Managerial Cadre or Specialization in Co-operation/ Co-operative Management, Management, Agriculture, Economics, Commerce, Public Finance, Law, Rural Development and Information Technology as members of the Committee of such society: Provided that the number of such co-opted members shall not exceed two in addition to the maximum limit specified in sub-section (1A): Provided further that such co-opted members shall not have the right to vote in any election of the co-operative society in their capacity as such member and is not eligible to be elected as office bearers of the board: Provided also that such co-opted members of a co-operative society shall also be members of the board and such members shall be excluded for the purpose of counting the total number of directors specified in sub-section (1A): Provided also that if the Committee does not co-opt the persons as specified within a period of six months from the date on which the Committee is constituted, the Government or the Registrar, as the case may be, with due notice as may be prescribed shall make such nominations as specified in the sub-section.] 45AA[(1H) x x x x] 44CB[x x x x] 44CE[(1J) Notwithstanding anything contained in the bye-laws of the society, casual vacancy of an elected member of the committee shall be filled up by nomination by the Committee out of the same class of members, if the term of office of the board is less than half of its original term.] 45B[(1K) Notwithstanding anything contained in this Act or Rules made thereunder or Bye-laws, in a Regional Milk Producers Union having jurisdiction over more than one revenue district, the members of the Committee representing each revenue district shall be elected by the member societies of that particular revenue district itself from among themselves.] (2) Notwithstanding anything contained in any law for the time being in force, a person shall be disqualified for appointment as, or for being, a member of a committee- (a) if he is a member of the committee of 44D[more than one society of the same type; or] (b) if he is a member of the committee of 44E[more than two societies of different types;] Provided that nothing contained in this sub-section shall be deemed to disqualify a person for election as, or for being, a delegate of a society. 45BH[(2A) Notwithstanding anything to the contrary contained in the Act, rules or in the bye-laws of a credit society, no member of the Committee of a society shall be eligible for election to the Committee for more than three consecutive terms, irrespective of whether the term is in full or in part. Explanation.-- For the purpose of this sub-section, "credit society" means the Kerala State Co-operative Bank Limited, Primary Agricultural Credit Societies, Service Co-operative Banks, Regional Co-operative Banks, Rural Banks, Farmer's Service Co-operative Banks, Urban Co-operative Banks, The Kerala State Co-operative Agricultural and Rural Development Bank Limited, Primary Co-operative Agricultural and Rural Development Bank, Urban Co-operative Societies, Agricultural Improvement Co-operative Societies, Employees Credit Societies, Rural Co-operative Societies, Primary Housing Co-operative Societies and Kerala State Housing Federation.] (3) Nothing contained in clause (a) of sub-section (2) shall be deemed to disqualify a member of the committee of a society for appointment as, or for being, a member of the committee of the apex or central society of the same type. 45BI[or more than two societies of different types] Provided that no member of a committee shall be the President or Chairman of more than one society of the same type. (4) The members of a committee may be paid honorarium at such rates, as may be prescribed. [(5) The quorum for a meeting of a committee shall be such number of members just above fifty per cent of the total number of members of that committee.] 45BB[(6) Notwithstanding anything contained in this Act or the rules made thereunder or the bye-laws of a Regional Cooperative Milk Producers' Union or in any other law, judgement or Decree or Orders of any Court or Tribunal for the time being in force, no President of an Anand Pattern Milk Cooperative Society which is a member of a Regional Cooperative Milk Producers' Union, shall be eligible to hold office as a member of the committee of the Regional Cooperative Milk Producers' Union for more than three terms or fifteen years whichever is higher: Provided that the provisions of this sub-section shall not apply to members of the committee of the Regional Cooperative Milk Producers' Union holding office as such on the date of commencement of the Kerala Cooperative Societies (Amendment) Act, 2021 till the completion of their original term of five years: Provided further that the provisions in the above proviso shall not apply to the members of the committee whose tenure was extended beyond their original term of five years. (7) Notwithstanding anything contained in this Act or the rules made thereunder or the bye-laws of a Regional Cooperative Milk Producers' Union or in any other law, judgement or Decree or Orders of any Court or Tribunal, for the time being in force, the President of an Anand Pattern Milk Cooperative Society, which is a member of the Regional Cooperative Milk Producers' Union shall be eligible to contest the elections to the committee of the Regional Cooperative Milk Producers' Union and hold office as a member of the committee of the Regional Cooperative Milk Producers' Union, only if the Anand Pattern Milk Cooperative Society to which he/she belongs, satisfies the following conditions, namely:- (a) the society is placed in audit classification A or B, as prescribed, during the last audit conducted; and (b) supply milk procured and pooled by the member society to the Regional Cooperative Milk Producers' Union subject to a minimum quantity as fixed by the committee of the Regional Cooperative Milk Producers' Union: Provided that the provisions of this sub-section shall not apply to those member societies for a period of two years which are revived after long duration of inactivity and those Primary Dairy Cooperative Societies whose bye-laws were amended to Anand Pattern, either from the date of restart of the society or from the date of registration of amendment of bye-laws to Anand Pattern model bye-laws. (8) Notwithstanding anything contained in this Act or the rules made there under or the bye-laws of a Regional Cooperative Milk Producers' Union or in any other law, judgement or Decree or Orders of any Court or Tribunal, for the time being in force, the delegate of the member Anand Pattern Milk Cooperative Society to attend the general body meetings and to contest the elections to the managing committee of the Regional Cooperative Milk Producers' Union shall be the President of member Anand Pattern Milk Cooperative Societies only.] Substituted by Act 5 of 1992 w.e.f 7-2-1992 for "constituting a committee". Substituted by Act 8 of 2013 for "not exceeding" w.e.f. 14-02-2013. Substituted by Act 1 of 2000 w.e.f 1-1-2000 for "three years". Added by Act 8 of 2013 w.e.f. 14-02-2013. Substituted by Act 19 of 1987 for " provided further that where the bye-laws so provide, the Government or the Registrar may nominate all or any one of the members of the committee for such period as may be specified in the bye-laws. In Sukumaran v. Sukumaran Unni, 1976 KLT 318 it was held that non specifying of term of office of the nominated members is a lacuna. Substituted by Act 5 of 1992 w.e.f 7/2/1992 for "six months". Substituted by Act 14 of 2017 (w.e.f. 10/04/2017). Omitted by Act 7 of 2010 w.e.f. 28-04-2010. Substituted by Act 1 of 2000 w.e.f 1/1/2000 Substituted by Act 7 of 2010 w.e.f. 28-04-2010. Substituted by Act 8 of 2013 for "thirteen" w.e.f. 14-02-2013. Substituted by Act 8 of 2013 for "twenty five" w.e.f. 14-02-2013. Omitted by Act 9 of 2024 published in K.G.Ext. No.1829 dt. 07/06/2024 (w.e.f. 07/06/2024). Prior to the Omission it read as "Provided that in the case of committees of Primary Cooperative Societies constituted prior to the commencement of the Kerala Cooperative Societies (Amendment) Act, 2010 the maximum number of members shall be fifteen. Provided further that this section shall not be applicable to the committees of Primary Cooperative Societies and all other types of co-operative societies constituted prior to the commencement of the Kerala Cooperative Societies (Amendment) Act, 2013: Provided also that this section shall not be applicable to the societies where election notification was issued and election procedure was started on the basis of the existing provisions of the Act prior to the commencement of the Kerala Cooperative Societies (Amendment) Act, 2013. Inserted by Act 8 of 2013 w.e.f. 14-02-2013. Inserted by Act 7 of 2010 w.e.f. 28-04-2010. Substituted by Act 14 of 2017 (w.e.f. 10/04/2017). Prior to the amendment it read as "at least one". Omitted by Act 14 of 2017 (w.e.f. 10/04/2017). Inserted by Act 13 of 2012. Substituted by ACT 9 OF 2024 published in K.G.Ext. No.1829 dt. 07/06/2024 (w.e.f. 07/06/2024). Prior to the Substitution it read as "(1G) Notwithstanding anything contained in the bye-laws of a society, the committee in office shall co-opt two persons or representatives who are having experience in the field of banking, management, finance or specialisation in any other field, relating to the objects and activities undertaken by the Cooperative society as members of the Board of such society: Provided that the number of such co-opted members shall not exceed two in addition to maximum limit specified in sub-section (1A): Provided further that such co-opted members shall not have the right to vote in any election of the co-operative society in their capacity as such member and is not eligible to be elected as office bearers of the board: Provided also that such co-opted members of a co-operative society shall also be members of the board and such members shall be excluded for the purpose of counting the total number of directors specified in sub-section (1A)." Added by Act 8 of 2013 w.e.f. 14-02-2013. Substituted by Act 7 of 2010 w.e.f. 28-04-2010. Substituted by Act 7 of 2010 w.e.f. 28-04-2010. Inserted by Act 19 of 1987. Inserted by Act 39 of 2018, (w.e.f. 05/07/2018). Omitted by Act 1 of 2019. Added by Act 39 of 2018, (w.e.f. 05/10/2018). Added by Act 34 of 2021, (w.e.f. 12-02-2021). Substituted by Act 9 of 2024 published in K.G.Ext. No.1829 dt. 07/06/2024 (w.e.f. 07/06/2024). Prior to the Substitution it read as "the committees of the" Substituted by Act 9 of 2024 published in K.G.Ext. No.1829 dt. 07/06/2024 (w.e.f. 07/06/2024). Prior to the Substitution it read as "any society." Substituted by Act 9 of 2024 published in K.G.Ext. No.1829 dt. 07/06/2024 (w.e.f. 07/06/2024). Prior to the Substitution it read as "ten thousand rupees" Added by Act 9 of 2024 published in K.G.Ext. No.1829 dt. 07/06/2024 (w.e.f. 07/06/2024). Substituted by Act 9 of 2024 published in K.G.Ext. No.1829 dt. 07/06/2024 (w.e.f. 07/06/2024). Prior to the Substitution it read as "(iii) such bifurcation shall be completed within a period of one year from the date of commencement of the Kerala Cooperative Societies (Amendment) Ordinance, 2012 (9 of 2012)." Added by Acy 9 of 2024 published in K.G.Ext. No.1829 dt. 07/06/2024 (w.e.f. 07/06/2024). Added by Act 9 of 2024 published in K.G.Ext. No.1829 dt. 07/06/2024 (w.e.f. 07/06/2024). Please see the notification towards the end of the Act.