Constitution of committee of management of society
59.—(1) 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 —
(a)
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
(b)
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.
[3/2018]
(2) 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.
[3/2018]
(3) 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.
(4) 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.
(5) 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.
[3/2018]
(6) Where the committee of management of a society appoints an individual as a full time chief executive officer of the society —
(a)
all or any of the duties of the secretary or treasurer, or both, may be delegated to the chief executive officer; and
(b)
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.
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(7) The offices of secretary and treasurer may be held by one and the same individual but not the other offices.
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(8) The duties of the chairperson, secretary, treasurer and chief executive officer are as provided in this Act, the Rules and the by‑laws.
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(9) Subject to this Act and the Rules —
(a)
the nomination of candidates for election to be members of the committee of management of a society; and
(b)
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.
(10) 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.
[3/2018]
(11) 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.
[3/2018]
(12) 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.