The Gujarat Co-operative Societies Act, Rules and Byelaws has various provisions which can be invoked by members / registrar to remove committee members from their position. In this article we have listed down all these provisions.
1. Not Eligible to Continue : Byelaws Section 35
In addition to disqualifications fixed in the bye-laws of the Society, the following members shall not be eligible to be continued for being elected as the Managing Committee of the Society.
- If any dues of any type is outstanding by him to be paid to the society.
- If he has been declared as insolvent or of unstable mind.
- If he has undergone the punishment of imprisonment for more than 3 months for the crime of moral turpitude.
- If he has lost his right as owner in regard to the property situated within the operation area (jurisdiction) of the Society.
- Not qualified as per the provisions of the Act, 1961 and its rules.
2. Automatic Cease : Byelaws Section 36
Any member of the Managing Committee of the Society shall be treated as automatically ceased as the member of the Committee:
- Due to death,
- Due to cessation from membership of the society.
- Due to remaining absent in three consecutive meetings of the Committee without prior permission / approval.
- Due to cessation of the right of enjoying the property as owner / tenant of the property situated within the jurisdiction of the society.
- Due to any disqualification to become a member of the managing committee as per any rules of bye-laws or election rules of the society.
- Due to resignation as the member of the Committee, he shall be treated automatically ceased as the member of the committee.
- When member being disqualified in pursuance of clause 5 come to the notice, then immediately shall require to give notice in three days in advance to the member holding such disqualification, notice calling explanation as to why he should not be declared as ceased as member of the Committee and, thereafter, if it appears that the said member of Committee has lost his qualification to be continued as member of the Committee, then, he shall be removed and declared as removed by the managing committee.
3. Removal by Members in AGM : Byelaws Section 37
- Any member can be removed from the membership of the Managing Committee with more than 2/3 votes of the member present in the General Meeting.
- The President, Vice-President or Honorary Secretary of the society can be removed by the Managing Committee with votes more than 3/4th from the present voters of the meeting.
Removal by Registrar
“Officer” means a person elected or appointed by a society to any office of such society according to its bye-laws; and includes a chairman, vice-chairman, president, vice-president, managing director, manager, secretary, treasurer, member of the committee, and any other person elected or appointed under this Act, the rules or the bye-laws, to give directions in regards to the business of such society;
4. Removal of Officer: Sec 76B of The Gujarat Co-operative Societies Act, 1961
1. If, in the opinion of the Registrar, any officer makes persistent default or is negligent in performance of the duties imposed on him by this Act or the rules or the bye-laws or does anything which is prejudicial to the interests of the society or where he stands disqualified by or under this Act, the Registrar may, after giving the officer an opportunity of being heard, by order remove such officer and direct the society to elect or appoint a person or a qualified member in the vacancy caused by such removal and the officer so elected or appointed shall hold office so long only as the officer in whose place he is elected or appointed would have held if the vacancy had not occurred.
2. The Registrar may, by order, direct that the officer so removed shall be disqualified to hold or to contest election for any office in the society from which he is removed and in any other society for a period not exceeding six years from the date of the order and such officer shall stand disqualified accordingly.
5. Supersession of a Committee and appointment of a Committee or Administrator
Section 81 of Gujarat Cooperative Society Act
- If, in respect of a Committee of a Society having the Registrar as its member, the State Government and in respect of a Committee of a Society which does not have the Registrar as its member, the Registrar, is of the opinion that-
- the committee persistently make default; or
- the committee is negligent in the performance of its duties imposed on it by or under this Act or the rules made thereunder or the bye-laws; or
- the committee has committed any act prejudicial to the interest of the society or its members;
the State Government or, as the case may be, the Registrar, after giving the committee an opportunity of being heard, within fifteen days from the date of issue of notice, by an order in writing, supersede the Committee and appoint –
- A Committee, consisting of one or more members of the society, not being the members of the committee superseded under this sub-section, or
- An Administrator from amongst the officers of the Co-operation Department of the State Government –
to manage the affairs of the society for a period not exceeding one year as may be specified in the order, which period may, at the discretion of the State Government or the Registrar, as the case may be, be extended from time to time, so, however, the term of the Committee or the Administrator shall be, the remaining term of the committee is whose place he is appointed or two years in aggregate, whichever is less.
6. Disqualification of Committee Member
Rule 32 of The Gujarat Cooperative Societies Rules, 1965 applies to both the situations of pre and post election disqualification
- Default in respect of any loan taken by him for such period as is specified in the byelaws, or Defaulter in respect of a loan or interest thereon as specified in sub-sec. (2) of Sec 27 of the Act or
- Directly or indirectly any interest in any subsisting contract made with the society or in property sold or purchased by the society or any other transaction of the society except in any investment made in or any loan taken from the society or
- Disqualified for appointment as member or held responsible under Sec 82 (Registrar’s power to enforce performance of obligation), or
- Recovery of cost made against him by a magistrate under Section 91 (Mode of recovery of sums imposed as penalty or awarded as cost) or
- Order is made against him under Section 93 (Power of Registrar to assess damages against delinquent, promoters, etc) or
- If found guilty of any of the offences under Section 147 (Punishment for rioting) or any offence under Sec 403 (Dishonest misappropriation of property) of the Indian Penal Code in respect of the property of any society
1-A. A member of the committee who incurs any of the disqualifications specified in sub-rule (1) shall vacate the office and if he does not vacate such office, he shall be removed by Registrar as such member:
Provided that the registrar, shall before making such order of removal, give the person concerned an opportunity of being heard.
Section of bye-laws quoted may vary where any modification is done to model format at time of pre / post registration.