Co-operative Societies Act 1979 · 2020 Revised Edition · Part 5 · Organisation and Management of Societies
59. Constitution of committee of management of society
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Every society must have a committee of management consisting of not less than 5 and not more than 30 individuals (each of whom need not be a member of the society), and the members of the committee of management must —
society
“society” means a co-operative society registered under this Act and includes a primary society, a secondary society and an apex organisation;
include the chairperson, secretary and treasurer, who must be elected by the members of the committee of management from among themselves or by the members of the society at a general meeting; and
where the society is a credit society, comprise at least a majority of individuals who are independent of the credit society in the manner prescribed.
A motion for the election of 2 or more individuals as members of the committee of management by a single resolution at a general meeting must not be made unless a resolution that it be so made has first been agreed to by the meeting without any vote being given against it.
committee of management
“committee of management” means the governing body (by whatever name called) of a society which is responsible for the management of the affairs of the society;
A resolution passed pursuant to a motion made in contravention of subsection (2) is void, whether or not its being so moved was objected to at the time.
Where a resolution pursuant to a motion made in contravention of subsection (2) is passed, no provision for the automatic re-election of retiring members of the committee of management of the society in default of another election applies.
For the purposes of this section, a motion for approving an individual’s election, or for nominating an individual for election, must be treated as a motion for the individual’s election.
Where the committee of management of a society appoints an individual as a full time chief executive officer of the society —
officer
“officer” includes a chairperson, vice‑chairperson, director, secretary, assistant secretary, treasurer, assistant treasurer, member of committee of management, employee, internal auditor, liquidator or other person empowered under this Act, the Rules or the by-laws, to give directives in regard to the business of a society or to supervise the business;
all or any of the duties of the secretary or treasurer, or both, may be delegated to the chief executive officer; and
where all duties of the secretary or treasurer, or both, are so delegated, then despite subsection (1)(a), the society may operate without electing a secretary or a treasurer, or both.
The offices of secretary and treasurer may be held by one and the same individual but not the other offices.
The duties of the chairperson, secretary, treasurer and chief executive officer are as provided in this Act, the Rules and the by‑laws.
Subject to this Act and the Rules —
the nomination of candidates for election to be members of the committee of management of a society; and
the election, appointment, term of office, suspension or removal of the members of the committee of management of the society,are as provided in the by-laws of the society.
If, during the term of office of the committee of management of a society, a vacancy occurs in the committee of management, the committee of management may, and if the number of members falls below 5, must, co-opt an individual (who need not be a member of the society) to serve on the committee of management until the next general meeting of the society.
member
“member” includes an individual person or institution qualifying for membership in a co-operative society, who or which join in the application for the registration of a society, and an individual person or institution admitted to membership after registration in accordance with this Act, the Rules and the by-laws;
Subject to subsection (1), the by‑laws of a society may provide for the committee of management of the society to appoint, at any time and whether or not there is any vacancy in the committee, up to 2 individuals (each of whom need not be a member of the society) to serve in the committee until the next general meeting of the society.
by-laws
“by-laws” means the registered by-laws made by a society in the exercise of any power conferred by this Act, and includes a registered amendment of the by-laws;
Where an individual’s appointment to the committee of management of a society is made under any by‑laws mentioned in subsection (11), the appointment must be approved by a majority of all of the existing members of the committee.