112B. General Body and committee of State Agriculture and Rural Development Bank.- (1) Notwithstanding anything contained in this Act, or in the rules made thereunder, or in the bye-laws of the State Agriculture and Rural Development Bank,-
(a) The delegates2and members elected in accordance with the provisions of clauses (c) and (d) of sub -section (1) of section 112 A and sub -section (1) of section 112 AA shall, for the purposes of section 72, constitute the general body of members of the State Agriculture and Rural Development Bank.
(b) The committee of the State Agriculture and Rural Development Bank shall consist of the following members, namely:--
(i) the Chairmen of all the District Loan Committees;
(ii) (A) two members, one each belonging to the Scheduled Castes or Scheduled Tribes and the weaker section, and
(B) three women members from amongst the members of the1[State Agriculture and Rural Development Bank who shall be co-opted by the committee in its first meeting to be convened by the Collector or an officer authorised by hi m in that behalf but the Collector or such officer shall not, while presiding over such meeting, have a right of vote; and where there is failure of the committee to so co-opt such member or members, the Collector of the Officer authorised by him shall report such failure to the Registrar within a period of seven days from the date of such meeting and thereupon the Registrar shall, within a period of seven days from receipt of such report, appoint on the committee such member or members, as the case may be, from amongst persons entitled to be so co-opted;
Explanation.--For the purposes of this sub -clause, the provisions of clauses (b) and (c) of and any order issued under clause (c) of the Explanation to section 73B shall, apply in relation to the members to be co-opted or appointed under this clause;
(iii) the Chairman of the Maharashtra State Co-operative Bank (or his representative), ex-officio;
(iv) two representatives of the employees of the State Agriculture and Rural Development Bank to be selected by the recognised union or unions of employees, from amongst such employees. Where there is no recognised union or unions or where there is no union at all, the employees shall elect representatives from amongst themselves. The election shall be held by the Collector in the manner laid down in Chapter XI-A of this Act.
(v) the Commissioner for Co-operation and Registrar of Co-operative Societies, Maharashtra State (or his representative), ex-officio;
(vi) an Officer from the Agriculture and Co-operation Department, who is holding the post of Officer on Special Duty or any other post not lower than that of a Deputy Secretary to Government, to be nominated by State Government, ex-officio;
(vii) the Managing Director of the State Agriculture and Rural Development Bank exofficio, who shall also act as the secretary of the committee.
(2) The members referred to in sub -clause (i) of clause (b) of sub -section (1) shall cease to be members of the committee on the date of expiry of their term as Chairmen of the District Loan Committees and they shall be deemed to have vacated their offices and the term of office of the members referred to in sub -clauses (ii) and (iv) of clause (b) of sub -section (1) shall be co-terminus with the term of office of the members referred to in sub -clause (i) of clause (b) of sub -section (1) and they shall likewise on expiry of their term of office ceased to be members of the committee and shall be deemed to have vacated their office.
(3) (a) The Committee shall have a Chairman and a Vice-Chairman within 15 days after the two members referred to in sub -clause (ii) of clause (b) of sub -section (1) are co-opted or appointed as the case may be the Collector or an officer authorised by him in that behalf shall convene a meeting of the members of the Committee for election of a chairman and a Vice-Chairman] who shall be from the members referred to in sub -clause (i) of clause (b) of sub -section (1) and such meeting shall be presided over by the Collector or by such authorised officer, but such presiding officer and the members referred to in sub -clauses (iii), (iv), (v), (vi) and (vii) of clause (b) of sub -section ( 1) shall not have a right to vote at such meeting.
(b) Notwithstanding anything contained in clause (a), within 15 days from the date of commencement of the Maharashtra Co-operative Societies (Amendment) Act, 1988, the Collector or an officer authorised by hi m in that behalf shall convene a meeting of the members of the Committee for the election of a Vice-Chairman who shall be from the members referred to in sub -clause (i) of clause (b) of sub -section (1) and such meeting shall be presided over by the Collector or by such authorised officer, but such presiding officer and the members referred to in sub -clauses (iv) to (vii) of clause (b) of sub -section ( 1) shall not have a right to vote at such meeting. The Vice-Chairman so elected shall hold office as such Vice-Chairman subject to the provisions of sub -section (4).
Explanation.- For the purposes of this sub -section, the expression "Collector" shall have the same meaning as in clause (a) of sub -section (2) of section 144A.
(4) Without prejudice to the provisions of sub-section (3), the Chairman and Vice-Chairman shall be elected every year in the first meeting of the Committee convened within one month after the close of the co-operative year by the Collector or an officer authorised by hi m in that behalf and where the Chairman or Vice-Chairman is to be elected to fill vacancy occurred due to any reason whatsoever the Collector or an officer authorised by hi m in that behalf shall convene the meeting of the Committee within one month from the date of occurrence of the vacancy and the provisions of sub -section (3) shall mutatis mutandis apply to such meetings. The Chairman and Vice-Chairman elected under sub -section (3) or sub -section (4) shall cease to be the Chairman9[and Vice-Chairman] on the date preceding the date of meeting held for election of the chairman and Vice-Chairman after the close of the cooperative year and shall vacate his office.
(5) A casual vacancy of a member referred to in sub -clauses (ii) and (iv) of clause (b) of sub-section (1) due to any reason whatsoever shall be filled in by co- option by the committee or by selection by the recognised union or unions of the employees, as the case may be, within two months from the occurrence of such vacancy; and where there is failure on the part of the committee or such union or unions, as the case may be, to do so, then appointment by the Registrar:
Provided that, if the vacancy occurs within four months preceding the date on which the term of such member expires, the vacancy shall not, unless the Registrar otherwise directs, be filled:
Provided further that, the member so co-opted, selected or appointed to fill a vacancy shall hold office so long only as the member in whose place he is co-opted, selected or appointed would have held office, if the vacancy had not occurred. (6) Where a person becomes a member by virtue of holding any office or being an employee, he shall cease to be a member of the committee, as soon as he ceases to be holder of that office or ceases to be such employee, as the case may be. (7) The committee shall exercise such powers and perform such functions as may be conferred or entrusted to it by this Act or by the rules made thereunder or by the bye-laws of the State Agriculture and Rural Development Bank. (8) Without prejudice to the other provisions relating to the procedure at the meeting of the committee as maybe laid down by rules or bye-laws made in that behalf, one-third of the total number of members of the committee shall form the quorum at any meeting of the committee.
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