Amendment status not verified — confirm the current text below against the official source.
(1) The management of every co-operative society shall vest in a managing committee constituted in accordance with the rules and by-laws, which shall exercise such powers and perform such duties as may be conferred or imposed, respectively, by this Act, the rules and the by-laws. (2) No person, who has been, or but for voluntary resignation could have been, a member of a managing committee of a co-operative society for consecutive three terms or three years, whichever is less, shall be eligible for being a member of the managing committee of the said society through re-election or by appointment or co-option within a period of two years from the date of his retirement or voluntary resignation, as the case may be: Provided that nothing in this sub-section shall apply in the case of a nominee of the State Government or an additional director appointed by the Registrar, on the managing committee of a co-operative society. (3) No member of the managing committee of a co-operative society shall receive any emoluments or allowances or honoraria without specific sanction of the Registrar and the general body of members given at a general meeting: Provided that in any industrial co-operative society composed mainly of artisans or workmen, or in any transport co-operative society composed mainly of workers employed in any transport undertaking, industry or business, or in any labour co-operative society composed mainly of persons who live on manual labour, or in any engineers' co-operative society, 168 The West Bengal Co-operative Societies Act, 1973. XXXVIII of 1973.] (Chapter 111.—Status and management of co-operative societies.—Section 23.) a member in receipt of salary or wages from the society, may, with the approval of the Registrar, be a member of the managing committee of such society, and such member of the managing committee may continue to receive such salary or wages. (4) No member of any co-operative society shall be eligible for being chosen as, or for being, a member of the managing committee of such society or of any other society to which such society is affiliated, if such member— (a) has been adjudged by a competent court to be insolvent or of unsound mind; (b) is concerned or participates in the profits of any contract with the society; (c) has been punished with imprisonment for an offence involving moral turpitude; (d) holds any office or place of profit under the society: Provided that in an industrial co-operative society composed mainly of artisans, or workmen, or in a transport co-operative society composed mainly of workers employed in any transport undertaking, industry or business or in any labour co-operative society composed mainly of persons who live on manual labour, or in any engineers' co-operative society, a member in receipt of salary or wages from the society, may, with the approval of the Registrar, be a member of the managing committee; (e) has been a member of the society for less than twelve months immediately preceding the date of such election or appointment: Provided that nothing in this clause shall apply in the case of a member of a labour co-operative society composed mainly of persons who live on manual labour; (f) has interest in any business of the kind carried on by the society of which he is a member; (g) who has taken loan or goods on credit from the society of which he is a member, or is otherwise indebted to such society, has defaulted— (i) in repayment of such loan or debt or in payment of the price of the goods taken on credit, as the case may be, within the date fixed for such repayment or payment or where such date is extended, within the extended date (such extension not to exceed ninety days), or 169 The West Bengal Co-operative Societies Act, 1973. [West Ben. Act (Chapter 111.—Status and management of co-operative societies.—Section 23.) (ii) where such loan or debt or the price of the goods taken on credit is to be paid in instalments, in payment of any instalment, and the amount in default or any part thereof has remained unpaid on the expiry of ninety days on and from the date of such default: Provided that the aforesaid bar on the ground of default shall cease to exist, immediately after the amount in default is paid in full. (5) A member shall not be eligible for being chosen a member of the managing committee of— (a) an apex society or a central society, if he is a member of the managing committee of two other such societies, or (b) any other co-operative society, if he is a member of the managing committee of five other co-operative societies. (6) A member of the managing committee of a co-operative society shall cease to hold office if he becomes subject to any of the disqualifications mentioned in sub-section (4) and sub-section (5), and if in spite of such cessation of membership, any person refuses to vacate his office, the Registrar shall, by an order in writing, remove him from such office, and any such refusal shall be deemed to be a contravention of the provisions of this Act. (7) The chairman or the secretary or any member of the managing committee of a co-operative society, who has taken loan or goods on credit from such society or is otherwise indebted to such society, shall, on his making default— (a) in repayment of such loan or debt or in payment of the price of the goods taken on credit, as the case may be, within the fixed date of repayment or payment, or where such date is extended, within the extended date (such extension not to exceed ninety days), or (b) where the loan or debt or the price of the goods taken on credit is to be paid in instalments, in payment of any instalment, and on such amount in default or any part thereof remaining unpaid on the expiry of ninety days on and from the date of such default— (i) cease to be the chairman, secretary or member, as the case may be, and shall be deemed to have vacated his office, and on and from the date of such cessation shall not attend any meeting of such managing committee or otherwise participate in the management of the affairs of such society, and 170 The West Bengal Co-operative Societies Act, 1973. XXXVIII of 1973.] (Chapter 111.—Status and management of co-operative societies.—Section 23.) (ii) be disqualified for being member of the managing committee of any other co-operative society through election or by appointment or co-option till the amount in default is paid in full. (8) If in spite of cessation of office under circumstances mentioned in sub-section (7), the chairman, the secretary or a member of the managing committee of a co-operative society refuses to vacate his office, the Registrar shall, by an order in writing, remove him from such office and any such refusal shall be deemed to be a contravention of the provisions of this Act. (9) (a) Where a primary society which has taken loan or goods on credit from a central society or is otherwise indebted to a central society, defaults— (i) in repayment of such loan or debt or in payment of the price of the goods taken on credit, as the case may be, within the date fixed for such repayment or payment, or where such date is extended, within the extended date (such extension not to exceed ninety days), or (ii) where such loan or debt or the price of the goods taken on credit is to be paid in instalments, in payment of any instalment, and the amount in default or any part thereof remains unpaid on the expiry of ninety days on and from the date of such default, the member or members of the managing committee of such central society representing such defaulting primary society, if any, shall immediately cease to be member or members of the managing committee of such central society and shall be deemed to have vacated his or their office, and on and from the date of such cessation shall not attend any meeting of such managing committee or otherwise participate in the management of the affairs of such central society. (b) All members of such defaulting primary society referred to in clause (a) shall be disqualified for being members, through election, or by appointment or co-option, of the managing committee of any central society as representatives of such defaulting primary society, till the amount in default referred to in clause (a) is paid in full. (10) If in spite of the cessation of office under circumstances mentioned in clause (a) of sub-section (9), the member or members of the managing comm;ttee of such central society representing such defaulting primary society refuses or refuse to vacate his or their office, the Registrar shall, by an order in writing remove him or them from such office, and any such refusal shall be deemed to be a contravention of the provisions of this Act. 171 The West Bengal Co-operative Societies Act, 1973. [West Ben. Act Power to depute Government officers to manage affairs of a co-operative society. Dissolu- tion and reconstitu- tion of managing committee. (Chapter III—Status and management of co-operative societies.—Sections 24, 25.) (11) Any order of removal made by the Registrar under sub-section (6), sub-section (8), or sub-section (10) is not liable to be called in question in any court of law. (12) Where, under any of the circumstances referred to in sub-section (6), sub-section (7), or sub-section (9), any casual vacancy occurs in the membership of the managing committee of a co-operative society, such vacancy shall be filled up in such manner, within such time and for such period as may be prescribed.