We need clarification as our old bye laws fixed term as 3 years but having adopted new bye laws in 2014 does the old committee this year on completion of 3 years continue for 5 years or does the 5 year term only apply to committees elected once new bye laws are adopted and fresh elections held. We were advised old committee appointed in 2013 must continue now and hold fresh election only after 5 years.
Your immediate guidance requested regarding applicability of 115 a clause on Model Bye Laws.
I C Naik
I guess Mridula D is in Maharashtra. Answer to her question is in the Nation’s Supreme Legal Document the Constitution of India in which following Article has been inserted by the Constitution (97th Amendment) Act 2011 which be came effective for all the Cooperative Laws in the Country from 14 2 2013.
Article 243ZJ. (2) The term of office of elected members of the board and its office bearers shall be five years from the date of election and the term of office bearers shall be coterminous with the term of the board:
The Managing Committees of all cooperatives in office on that date and elected thereafter have an uniform term of 5 years from the date of their election.
Any provision contrary to this in the Act or Bye Laws stands superseded by this provision.