77A. Appointment of member of committee, new committee or Administrator, where there is failure to elect member, to constitute committee or where committee does not enter upon office.- (1) Where the Registrar is satisfied that,- (1-a) a provisional committee has failed to make necessary arrangements for holding election for the constitution of the first committee, before the expiry of its term as specified in sub-section (1A) of section 73;
(a) at the first constitution of the committee of any society there is a failure to elect all or any of the members of the committee;
(b) the term or extended term as the case may be, of the committee of any society or of any of its members has expired or for any other reason election is held and there is a failure to elect all or any of the members required to fill the vacancies;
(c) any committee is prevented from entering upon office;
(d) a new committee has failed to enter upon office on the date on which the term of office of the existing committee expired; or
(e) deleted by Mah. 34 of 2001, (w.e.f. 7-9-2001) s. 7
(f) where more than one group of persons in a society is claiming to be elected as the committee members and proceedings in respect thereof have been filed in the Co-operative Court;
the Registrar may, either suo-motu or on the application of any officer of the society, by order appoint-
(i) any member or members of the society to be the member or members of the committee to fill the vacancies:
(ii) a committee, consisting of not more than three members of the society; or one or more administrators, who need not be members of the society, to manage the affairs of the society till a new committee enters upon office:
Provided that, before making such order, the Registrar shall publish a notice on the notice board at the head office of the society, inviting objections and suggestions with respect to the proposed order within a period specified in the notice and consider all objections and suggestions received by him within that period:
Provided further that, it shall not be necessary to publish such notice in any case where Registrar is satisfied that immediate action is required to be taken or that it is not reasonable practical to publish such notice.
(2) The committee or administrator so appointed shall, subject to the control of the Registrar and to such instructions as he may, from time to time, give, have power to discharge all or any of the functions of the committee or of any officer of the society and take all such action as may be required to be taken in the interests of the society.
(3) 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 anew committee within the said period and for enabling the new committee including any new committee referred to in clause (f) of subsection (1), which is determined by the Court to have been legally elected, to enter upon office.
Provided that, if a new committee is not, or can not 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, the term of office of the committee or Administrator, as case may be, shall be deemed to be extended, until the new committee is duly constituted.
(4) The Registrar shall have the power to change the committee or any or all members thereof or any or all the administrators appointed under sub-sections (1) at his discretion even before the expiry of the period specified in the order made under sub-section (1).
(5) The provisions of sub-section (2A) of section 78shall apply mutatis mutandis for fixation of remuneration to be paid to the members or administrators appointed under subsection (1).
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