Dilip Brata Chakraborty
Respected Sir,
Election of BODs of Housing Co-operative Societies in W.B. became due on or prior to or after 18-01-2011 on completion of 3 yrs under sub-section (8) of Section 27 of old Act 1983.
W.B.Co-op Societies Act,2006 & Rules 2011 came into force w.e.f.18-01-2011.A Director elected under sub-section (5a) of Section 29 of the Act 2006 shall hold office throughout a term of 5yrs of the Board (those elected on or after 18/01/2011),whereas the tenure of Board elected under old Act,1983 would be 3yrs only.Members caste their votes under old Act to a candidate to hold office for 3yrs.
So those elected for 3yrs should face election on completion of 3yrs even after the date of 18/01/2011 on which Act 2006 came into force.
Amendment under Section 36(a) of W.B.Co-op Societies Act,2006 confirms the period of 3 yrs.Reasons for not conducting election on completion of 3yrs tenure under old Act are not notified publicly.Shall be grateful to have legal position on this issue.
To my opinion those who are voted for 3yrs should not be allowed to remain in office more than 3yrs.Request is from a Sr.Citizen(76yrs) suffering from old age ailments. Inconvenience if any caused to you is sincerely regretted.
I C Naik
The Tenure of the Director appointed or nominated on or before 18 1 2011 is three years and on completion of 3 years he ceases to be a director, subject to the applicability of Article 243ZJ (2) of Part IXB of the Constitution inserted by the Constitution ( 97th Amendment ) Act 2011 has become applicable on 14 2 2013 overriding all conflicting provisions of Cooperative Society Law of any State.
So a director in office on 14 2 2013 shall have a tenure of 5 years from the date of election. Article 243ZJ(2) QUOTE (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: UNQUOTE Just to clarify director having completed 3 year tenure on or before 13 2 2013 will not be covered by the provision of this change.
