73AAA.Constitution of committee
(1) The Committee shall consist of such number of members as may be provided in the by-laws :
Provided that, the maximum number of members of the committee shall not exceed twenty-one :
Provided further that, the provisions of the Banking Regulation Act, 1949, shall apply to all the societies carrying the business of banking.
(2) The committee may co-opt “expert directors” relating to the objects and activities undertaken by the society :
Provided that, the number of expert directors shall not exceed two, which shall be in addition to the maximum number of members of the committee as specified in the first proviso of sub-section (1) :
3[Provided further that, the Committee may nominate one person as a functional director :
Provided also that, in the case of such societies or class of societies, as the State Government may by general or special order notify, where the number of permanent salaried employees of the society is twenty- five or more, the committee shall include,—
(i) where the committee consists of not more than eleven members, one representative of the employees of the society ; and
(ii) where the committee consists of more that eleven members and not more than twenty-one members, two representatives of the employees of the society.
Such representatives of the employees shall be selected by the union or unions recognised under the Maharashtra Industrial Relations Act, or the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, from amongst the employees of the society. Where there is no such recognised union or unions or where there is no union at all or where there is a dispute in relation to such issues including whether a union is recognised or not, then such representatives of the employees shall be elected by the employees of the society from amongst themselves in the prescribed manner. No employee who is under suspension shall be eligible for being selected or elected or for being continued as a member of the committee under this proviso :
Provided also that, the representative of the employees selected or elected as per the provisions of the third proviso shall have the right to take part in the meetings of the committee, but shall have no right to vote therein:];
Provided also that, 5[in respect of society, excluding the Housing Society, having assistance of the Government in the form of share capital
loan, guarantee, grant, the Government land or any other form whether cash or kind], the committee shall also include following two members nominated by the Government, namely :—
(i) one Government Officer not below the rank of the Assistant Registrar of Co-operative Societies, and
(ii) one person having such requisite experience relating to the work of the society and such qualifications, as may be specified by the Government, by an order published in the Official Gazette :]
Provided also that, the functional directors and the members nominated by the State Government under the third proviso of a society shall also be the members of the committee and such members shall be excluded for the purposes of counting the total number of members of the committee specified in the first proviso to sub-section (1) :
Provided also that, such expert directos shall not have the right to vote at any election of the society and shall not be eligible to be elected as office bearers of the committee.
(3) The term of the office of the elected members of the committee and its office bearers shall be five years from the date of election and the term of the office bearers shall be co-terminus with the term of the committee. 2[and on the expiry of the term of the committee, the members shall be deemed to have vacated their offices as members of the committee].
(4) Any casual vacancy in the committee may be filled in from amongst the members belonging to the same category of persons in respect of which a casual vacancy has arisen.
(5)(a) If, at any general election of members of the committee, the committee could not be constituted after declaration of results, then notwithstanding anything contained in this Act or the rules or the by-laws of the society, the returning officer or any other officer or authority conducting such election shall, within seven days of the declaration of two-thirds or more number of members, forward their names together with their permanent addresses to the Registrar, who shall, within fifteen days from the date of reeipt thereof by him, publish or cause to be published such names and addresses by affixing a notice on the Notice Board or at any prominent place in his office ; and upon such publication the committee of the society shall be deemed to be duly constituted. In determining two-thirds of the number of members, fraction shall be ignored :
Provided that, such publication shall not be deemed,—
(i) to preclude the completion of elections of the remaining members and the publication of their names and the permanent addresses of the elected members likewise as and when they are available ; or
(ii) to affect the term of the office of members of the committee under the Act ;
(b) the names of the remaining members after they are elected (together with their permanent addresses), may also thereafter be likewise published by the Registrar.]
