Short Answer

Members can remove a committee member who is not performing by passing a resolution of no confidence through a vote.

Detailed Explanation

Section 73 of the Gujarat Cooperative Societies Act, 1961 empowers the members of a cooperative society to remove a committee member by passing a resolution of no confidence. The section states that a committee member can be removed by a resolution passed by a majority of not less than two-thirds of the members present and voting at a general meeting convened for the purpose. This provision allows the members to hold the committee members accountable for their performance and take necessary action if they are not fulfilling their duties effectively.

In practice, if the members feel that a committee member is not performing their duties satisfactorily, they can raise the issue in a general meeting of the society. A resolution of no confidence can be proposed, and members can vote on it to decide whether the committee member should be removed. This process ensures transparency and accountability within the cooperative society's governing body.

Real-world Scenarios

• In a cooperative housing society, the treasurer is found to be mismanaging funds and not maintaining proper accounts. The members can convene a general meeting, propose a resolution of no confidence, and vote to remove the treasurer from the committee.

• In a cooperative credit society, a committee member is not actively participating in decision-making and causing delays in important matters. The members can come together, pass a resolution of no confidence, and replace the non-performing member with a more proactive individual.

Step-by-step process:

• Identify the non-performing committee member.

• Convene a general meeting of the society.

• Propose a resolution of no confidence against the committee member.

• Discuss the reasons for the resolution.

• Conduct a vote with a two-thirds majority required for removal.

• If the resolution passes, the committee member is removed from their position.

References

• Section 73 of the Gujarat Cooperative Societies Act, 1961: Official PDF