Bare ActsThe West Bengal Co-operative Societies Act, 1983

Section 31

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

Notwithstanding anything to the contrary contained elsewhere in this Act or in any other law for the time being in force,— (a) the board of directors of any of the co-operative societies mentioned in the Fifth Schedule shall, if the election of its directors has not been held within a period of thirty-six months from the date of their election under sub-section (1) of section 25, stand dissovled on and from the date immediately following the date of expiry of the said period; 336 The West Bengal Co-operative Societies Act, 1983. XLV of 1983.] (Chapter IV.—Status and management of co-operative societies.—Section 31.) (b) with effect from the date of dissolution of the board under clause (a), the directors thereof shall be deemed to have vacated their offices; (c) upon the dissolution of the board under clause (a) the Registrar shall, by notification, appoint a special officer for managing the affairs of the co-operative society and for making arrangements for reconstitution of the board in accordance with the provisions of this Act, the rules and the by-laws of the co-operative society within a period not exceeding one year from the date of dissolution and, notwithstanding the provisions of section 25, a board reconstituted under this section shall be deemed to have been validly reconstituted under section 25 for the purposes of this Act: Provided that until a special officer is appointed under this clause, the highest paid executive of the co-operative society, by whatever designation called, shall manage the affairs of the co-operative society. Explanation.—If there is any dispute as to who is the highest paid executive of the co-operative society, the Registrar's decision thereon shall be final; (d) with effect from the date of dissolution of the board under clause (a)— (i) all properties of the co-operative society shall vest in the Registrar and shall remain vested till a new board assumes office; and (ii) subject to the control and direction of the Registrar, the highest paid executive of the co-operative society or the special officer, as the case may be, shall exercise all the powers and perform all the duties which may, under this Act or the rules or the by-laws, be exercised or performed by the board or any officer of the co-operative society; (e) where a special officer has been appointed under clause (c), the Registrar may, by order, fix the remuneration of the special officer and the remuneration fixed shall be paid out of the funds of the co-operative society; (f) the special officer appointed under clause (c) shall hold office until the board is reconstituted. 337 The West Bengal Co-operative Societies Act, 1983. [West Ben. Act (Chapter IV—Status and management of co-operative societies.—Section 32.) Summoning of meetings of co- operative society and rescinding or suspending resolution thereof.

Section 31 – The West Bengal Co-operative Societies Act, 1983 | DailyLaw.ai