Amendment status not verified — confirm the current text below against the official source.
(1) There shall be a board of directors for every Co-operative society to manage its affairs and the board shall consist of such number of directors as may be specified in the by-laws of the Co-operative society. The directors shall be included in the board in the following manner to constitute it— (a) by election of directors in accordance with the provisions of section 29 from amongst the members or delegates or representatives of the Co- operative spciety: Provided that the number of directors to be elected by the members of a Co-operative society shall not be less than six or more than fifteen: Provided further that where the number of members of Co-operative society is less than twelve, the number of directors shall not be less than three or more than six. (b) where the State Government has— (i) subscribed to the share capital of a Co-operative society; or (ii) guaranteed the principal and interest in respect of debentures issued by a Co-operative society; or (iii) guaranteed the principal and interest in respect of loans and advances to the Co-operative society; or (iv) assisted the Co-operative society with loans and grants out of its own fund, the State Government or any authority specified by it may nominate one person on the board or change them or fill up any casual vacancy of a nominated member; (c) the chief executive of the Co-operative society shall be an ex officio director; (d) the employees of a Co-operative society having not less than five employees may elect one person amongst themselves for being a director of the board; (e) a Gram Panchayat, constituted under the West Bengal Panchayat Act, West Ben. Act 1973, may nominate one of its members on the board of a primary XLI of 1973. Co-operative society doing business within the jurisdiction of that Gram Panchayat. A Panchayat Samiti constituted under the said Act may nominate one of its elected members on the board of primary Co-operative society or central Co-operative society doing business in the area covered by more than one Gram Panchayat within the jurisdiction of the concerned Panchayat Samiti. A Zilla Parishad constituted under the said Act may nominate one of its elected members on the board of the central Co-operative society or a Co-operative agriculture and rural development bank doing business in the area covered by more than one Panchayat Samiti within the jurisdiction of the Zilla Parishad; (1) any financial bank which finances a Co-operative society may nominate one person on the board of such Co-operative society; (g) professionals not exceeding two may be co-opted by the board. Explanation.—"Professionals" means and includes Chartered Accountant, Cost Accountant, Engineer, Lawyer, Graduate in Agriculture or Veterinary, Master of Business Administration, Master of Computer PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 25, 2010 33 The West Bengal Co-operative Societies Act, 2006. (Chapter IV—Status and management of Co-operative society.—Section 32.) Application, Bachelor of Computer Application or Bachelor of Medicine and Bachelor of Surgery; (h) in primary Co-operative societies and primary co-operative banks dis- pensing credit including women's co-operative credit societies and women's co-operative banks which have promoted self-help groups com- posed of women shall have a woman member, elected from amongst the self-help groups by the members of such self-help groups in an election to be conducted by the societies concerned, in the board of directors of society. (2) No person shall be elected, nominated or co-opted as a director under sub- section (1), if he is a defaulter in repayment of any loan granted by or in repaying price of any commodity purchased on credit from a Co-operative society, Government and other statutory authority or has been convicted by any competent court of law for criminal offence of moral turpitude or of any offence under this Act and sentenced to fine or imprisonment or both. (3) No act or proceedings of a board shall be invalid merely by reasons of ab- sence of any nomination under clauses (b), (d), (e), (f) and (g), or absence of the chief executive under clause (c) of sub-section (1) for any reason whatsoever. (4) (a) The director referred to in clause (d) of sub-section (1) shall have no right to vote in any meeting of the board. (b) The directors referred to in clauses (c), (e) and (g) of sub-section (1) shall have no right to vote in any meeting of the board for election of office-bearer. (c) The directors referred to in clauses (c), (d), (e) and (g) of sub-section (1) shall not be any office-bearer of the board. (5) (a) A director elected or nominated under sub-section (1) except the chief executive shall hold office throughout a term of five years of the board or till the board is dissolved under sections 34 or 35 or 36 whichever is earlier: Provided that a director under clauses (d) and (e) of sub-section (1) shall not be eligible for re-election or nomination, as the case may be, within a period of five years from the date of expiry of his term of office: Provided further that a director under clause (c) of sub-section (1) shall not be entitled to attend any meeting of the board, if he is suspended or punished in a depart- mental proceeding or a departmental proceeding against him is pending. (b) A director under sub-section (1) shall before taking charge of his office, take oath or affirmation in the prescribed Form before the returning officer or election of- ficer or the Registrar. (6) (a) No director who has been an office-bearer for two consecutive terms or 120 months, whichever is less, shall be eligible for re-election as an office-bearer until after expiry of five years of the next term: Provided that an office-bearer who resigns or becomes disqualified before expiry of the term, he shall be deemed to have served the full term of five years. (b) No member of a board shall be eligible to be elected as an office-bearer of a Co-operative society, if such member is a Minister of the State Government or the Central Government. 34 THE KOLKATA GAZE 1'1'b, EXTRAORDINARY, MAY 25, 2010 [PART III The West Bengal Co-operative Societies Act, 2006. (Chapter IV—Status and management of Co-operative society.—Section 33.) (7) No member of a Co-operative society shall be eligible for being elected on the board if— (a) he has been adjudged by competent court to be insolvent or of unsound mind; (b) he has been convicted by a court of any criminal offence including moral turpitude or of any offence under this Act and sentenced to fine or imprisonment or both; (c) he holds any office of profit in the Co-operative society: Provided that a member of an industrial Co-operative society com- posed of artisans or workmen or of a transport Co-operative society com- posed of persons who live on manual labour, skilled or unskilled or of an engineers' Co-operative society or of a Co-operative society established by tribals in receipt of salaries or wages from such category including labour and service Co-operative societies shall be eligible for being elected on the board of the respective category of Co-operative society; (d) he has any interest in any business of the kind carried on by the Co- operative society; (e) (i) he is an individual, and is in default of payment of loans or price of goods received by him on credit from the Co-operative society on the date of filing nomination or on the date of election, as the case may be; (ii) he is an individual representing a Co-operative society which is in default of payment of more' than forty per cent of loans or price of goods received by it on credit from the Co-operative society in relation to the board to which the election relates on the date of filing nomination or on the date of scrutiny, as the case may be; (f) he has a direct or indirect interest in any agreement or contract to which the Co-operative society is a party; (g) he received any salary from the Co-operative society except member of such societies which provide employment; (h) member disqualified under proviso to sub-section (4) of section 31. (8) No person at any time hold office as a director of the board in more than— (a) four primary Co-operative societies; (b) two central Co-operative societies; and (c) two apex Co-operative societies. Deputation of Government officers to manage the affairs of Co-operative society.