Section 45B of The Multi-State Co-operative Societies Act, 2002
1[45B. Removal and suspension of Chairperson, Vice Chairperson and Members.--(1) The Central Government may, by order, remove from office the Chairperson, Vice-Chairperson or Member of the Authority, other than ex officio Member, if the Chairperson, Vice-Chairperson or Member of the Authority, as the case may be,--
- (a)has been adjudged as an insolvent;
- (b)has been convicted of an offence which, in the opinion of the Central Government involves moral turpitude;
- (c)has been physically or mentally incapable of acting as a Chairperson, Vice-Chairperson or Member of the Authority;
- (d)has acquired such financial or other interests, as is likely to affect prejudicially his function as a Chairperson, Vice-Chairperson or Member of the Authority;
- (e)has so abused his position, as to render his continuance in office prejudicial to the public interest; orbr
- (f)has engaged at any time during his term of office in any other employment.
- (2)The Chairperson, Vice-Chairperson or Member of the Authority shall not be removed from his office except by an order of the Central Government on the ground of his proved misbehaviour or incapacity after the Central Government has, on an inquiry, held in accordance with the procedure prescribed in this behalf by it, come to the conclusion that the Chairperson, Vice-Chairperson or Member of the Authority ought on any such ground to be removed.
- (3)The Central Government may suspend the Chairperson, Vice-Chairperson or Member of the Authority in respect of whom an inquiry under sub-section (2) is being initiated or pending until the Central Government has passed an order on receipt of the report of the inquiry.]
Summary
- The Central Government may remove the Chairperson, Vice Chairperson, or Member of the Authority, other than ex officio members, by order under specific disqualifying conditions.
- Ground for removal includes being adjudged an insolvent, conviction of an offence involving moral turpitude, or being physically or mentally incapable.
- Removal can also occur for acquiring prejudicial financial interests, abusing position, or engaging in any other employment.
- Removal for proved misbehaviour or incapacity requires a formal inquiry held in accordance with the prescribed procedure.
- The Central Government may suspend the official during the initiation or pendency of such inquiry.
Practical examples
FAQ
1. On what grounds can the Central Government remove a member of the Co-operative Election Authority under the Multi-State Co-operative Societies Act, 2002?
Under Section 45B of the Multi-State Co-operative Societies Act, 2002, the Central Government can remove a member if they are declared insolvent, convicted of an offence involving moral turpitude, physically or mentally unfit, have conflicting financial interests, abuse their position, or take up other employment.
2. Can an ex officio member of the Co-operative Election Authority be removed under Section 45B of the Multi-State Co-operative Societies Act, 2002?
No, Section 45B of the Multi-State Co-operative Societies Act, 2002, states that the Central Government's power to remove these officials by order does not apply to an ex officio member.
3. What is the procedure required to remove a Chairperson of the Co-operative Election Authority for misbehaviour under the Multi-State Co-operative Societies Act, 2002?
Under Section 45B of the Multi-State Co-operative Societies Act, 2002, the Chairperson can only be removed for proved misbehaviour after a formal inquiry is conducted by the Central Government according to prescribed procedures, concluding that they ought to be removed.
4. Can a member of the Co-operative Election Authority be suspended during an active investigation under the Multi-State Co-operative Societies Act, 2002?
Yes, Section 45B of the Multi-State Co-operative Societies Act, 2002, allows the Central Government to suspend the Chairperson, Vice Chairperson, or Member while a formal inquiry into their conduct is being initiated or is currently pending.
Test yourself
Q1.Under Section 45B of the Multi-State Co-operative Societies Act, 2002, which of the following is NOT a valid ground for the Central Government to remove a member of the Co-operative Election Authority?
Q2.Under Section 45B of the Multi-State Co-operative Societies Act, 2002, which category of Co-operative Election Authority members is excluded from the Central Government's removal powers under sub-section (1)?
Q3.Under Section 45B of the Multi-State Co-operative Societies Act, 2002, what is a mandatory prerequisite before removing a member on the grounds of proved misbehaviour or incapacity?
Q4.Under Section 45B of the Multi-State Co-operative Societies Act, 2002, when is the Central Government authorized to suspend the Chairperson, Vice-Chairperson, or a Member of the Co-operative Election Authority?