Published On: Sat, Jan 31st, 2015

Dissolution of Registered Societies in Bihar

legal1By Accommodation Times News Services

[ 41. Dissolution of Managing Committee. – (1) In the opinion or the
Registrar, the Managing Committee of any registered society in which the
economic interest of the Govt. is apparently clear, is Mismanaging the affairs of the
registered society or is persistently making default or is negligent in the
performance of the duties imposed on it by this Act, the Rules, by-laws, he may,
after giving opportunity to the managing committee to state its objection if any and
after obtaining opinion- within twenty one days from the chief executive of the
affiliating Federation/ Society, by order in writhing suspend the Managing
Committee for a period not exceeding six months. During the period of
suspension the Managing Committee of the registered society shall there upon
cease to function, Registrar shall appoint, any Government Servant a special
officer to conduct the affairs of the society and shall fix his duties and liabilities.
1. Subs. by (Amdt.) Act 10 of 2002.
Provided that the suspended managing committee, if not reinstated earlier
shall resume functioning immediately after six months. The period under
suspension shall count towards its term.”
1
[ “(2) From the date of reinstatement, a maximum period of six months
shall be the period of observation of the working of Managing Committee. If
desired improvement in management is not seen, suspension proceeding may be
converted into a supersession proceeding and, adopting a procedure similar to
that prescribed in subsection (1) for its, suspension, the Managing Committee may
be superseded for a period not exceeding six months and it may be ordered that
all or any of its members shall be disqualified from being elected to the Managing
Committee for the period specified in the order not exceeding three years.
Provided that if within six months from the date of reinstatement of the
committee the suspension proceeding is not converted into supersession
proceeding then that proceeding will be barred by limitation:
Provided that if within six months from the date of reinstatement of the
committee the suspension proceeding is not converted into supersession
proceeding then that proceeding will be barred by limitation:
Provided further that the Registrar, in special circumstances and for
constitution of Managing Committee by election, may further extend the period of
supersession by a maximum period of three months. He may constitute a
committee of three persons for managing the affairs of the society in place of
Administrator. In such committee the powers of Managing Committee shall remain
vested.
The Registrar shall record every order passed under this section and
inform the concerned society by registered post.
(3) When a Managing Committee is 1
[ superseded under sub-section 2
[(2),
the Registrar shall appoint an Administrator on such remuneration, if any, as he
may fix, to carry on the business of the society, and the Administrator, shall subject
to any direction issued by the Registrar from time to time, exercise all the powers
and perform all the duties which may under this Act, lthe rules and the bye-laws,
be exercised or performed by the Managing Committee or any officer of the
registered society:

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