Managing Committee

Part 3

v     Action of the committee on cessation of membership

As per Bye-law No. 120(2) if a member of the Committee attracts any of the disqualifications under the Bye-law No. 120(1), the Committee shall record the fact in the minutes of its meeting and the Secretary of the society shall inform the member and Registrar accordingly. Such member shall cease to be the member of Managing Committee on the order of the Registrar.

v     The tenure of office of the committee

Bye-law No. 122 – The period of office of the Committee elected under the Bye-law No. 116(a) shall be 5 years.

v     The Committee ceases to function on the expiration of its term

As per Section 73-H (2) of the Maharashtra Co-operative Societies Act 1960, the Committee shall cease to function on the expiration of its term and the members thereof shall cease to hold office and the Registrar may himself take over the management of the society or appoint an Administrator or committee (who shall not be from amongst the members of the committee whose term has so expired).

As per Section 77A(3) of the said Act, the Committee or Administrator so appointed shall hold office for a period of six months from the date of assuming the management of the society and shall make necessary arrangements for constituting a new committee within the said period.

 

This is to enable the new Committee including any new Committee referred to in clause (f) of sub-Section (1) of Section 77A which is determined by the court to have been legally elected, to enter upon office. Provided that, if a new committee is not, or cannot be constituted at the expiry or termination of the term of office of the committee or Administrator, for any reason beyond the control of the committee or Administrator, as the case may be, shall be deemed to be extended, until the new committee is duly constituted.

v     Remuneration of the members of the managing committee

As per the provision in Section 64 of the Maharashtra Co-operative Societies Act, 1960, a member may be paid remuneration on such scale as may be laid down by the Bye-laws, for any Services rendered by him to the society. As per Bye-law No.14 (d) of. The Model Bye-laws, notwithstanding anything contained in any other Bye-laws, a member may be paid remuneration at such rate, as may be decided by the general body meeting for services rendered by him to the society.

v     Tenure of Office Bearers

As per Bye-law No. 126(b) the Chairman, Secretary and Treasurer of the society shall hold office for a period of 5 years from the date on which he is elected to be the Chairman or as the case may be the Secretary and Treasurer, but not beyond the expiry of term of the Committee:

Provided that he shall cease to be the Chairman, or as the case may be the Secretary or Treasurer of the society, if the motion of ‘No Confidence’ is moved in the special meeting of the Committee called, and presided by Registrar or such officer not below the rank of a Assistant Registrar, upon the notice given by 1/3^rd members of the Committee and motion of ‘No Confidence’ is passed by 3/4^th members present at such meeting, having attendance of at least 2/3^rd members of the Committee, who are entitled to vote at the election of such Chairman, Secretary and Treasurer:

Provided further that another motion of ‘No Confidence’ shall not be brought against the Chairman or as the case may be the Secretary or Treasurer of the society unless the period of 6 months has elapsed from the date of the preceding motion of ‘No Confidence’.