Constitution 243ZL — Supersession and suspension of board and interim management

The Constitution of India, 1950

Statutory text

(1) Notwithstanding anything contained in any law for the
time being in force, no board shall be superseded or kept under suspension for a
period exceeding six months:
Provided that the board may be superseded or kept under suspension in a
case—
(i) of its persistent default; or
(ii) of negligence in the performance of its duties; or
(iii) the board has committed any act prejudicial to the interests of
the co-operative society or its members; or
(iv) there is stalemate in the constitution or functions of the board;
or
(v) the authority or body as provided by the Legislature of a State,
by law, under clause (2) of article 243ZK, has failed to conduct
elections in accordance with the provisions of the State Act:
Provided further that the board of any such co-operative society shall not
be superseded or kept under suspension where there is no Government
shareholding or loan or financial assistance or any guarantee by the
Government:
Provided also that in case of a co-operative society carrying on the
business of banking, the provisions of the Banking Regulation Act, 1949
(10 of 1949) shall also apply:

Provided also that in case of a co-operative society, other than a
multi-State co-operative society, carrying on the business of banking, the
provisions of this clause shall have the effect as if for the words “six months”,
the words “one year” had been substituted.
(2) In case of supersession of a board, the administrator appointed to
manage the affairs of such co-operative society shall arrange for conduct of
elections within the period specified in clause (1) and handover the
management to the elected board.
(3) The Legislature of a State may, by law, make provisions for the
conditions of service of the administrator.

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