Preamble
Himachal Pradesh Co-operative Societies (Amendment) Act, 1986*
| [Himachal Pradesh Act No. 20 of 1986]1 | [17th September, 1986] |
An Act further to amend the Himachal Pradesh Co-operative Societies Act, 1968 (Act No. 3 of 1969).
Be it enacted by the Legislative Assembly of Himachal Pradesh in the Thirty-seventh. Year of the Republic of India, as follows:-
Section 1. Short title and commencement
1. Short title and commencement.- (1) This Act may be called the Himachal Pradesh Co-operative Societies (Amendment) Act, 1986.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint in this behalf.
Section 2. Amendment of section 20
2. Amendment of section 20.- In clause (c) of section 25 of the Himachal Pradesh Co-operative Societies Act, 1968 (3 of 1969) (hereinafter called the principal Act.) after the, word "nominated" but before the words "by the Government", the words, figures, sign and alphabet "under section 35 or appointed as Managing Director under section 35-B" shall be inserted.
Section 3. Amendment of section 35
3. Amendment of section 35.- In sub-section (1) of section 35 of the principal Act,-
(i) after the word "nominate" but before the words "not more, than three", the signs and words, having-such qualifications and experience and in the manner as may be prescribed," shall be inserted; and
(ii) for the sign occurring at the end of clause (a), the sign ??? shall be substituted and existing proviso shall be omitted.
Section 4. Insertion of section 35-B
4. Insertion of section 35-B.- After section 35-A of the principal Act, the following new section 35-B shall be Inserted; namely:-
"35-B. Appointment, powers and functions of Managing Directors.-(1) Where the Government has subscribed to the-share capital of a co-operative society to the extent of rupees five lakhs or more the Government may, notwithstanding anything contained in the bye-laws of the society, nominate another member in addition to those nominated under section 35 and appoint him as Managing Director:
Provided that no person shall be appointed as Managing Director of a co-operative society unless he member of the Indian Administrative Service or the Himachal Pradesh. Administrative Service or Class-I Officer of the Co-operative Department, except the Himachal Pradesh State Co-operative Land Development Bank and the Himachal Pradesh State Co-operative Milk Federation where technical person may be appointed aft Managing Directors.
(2) A person nominated and appointed as the Managing Director under; sub-section (1) shall be ex-officio, member of the committee and-shall hold, office during the pleasure of the State Government and shall have a right to participate, in the deliberations of the committee and shall also have the fight to vote.
(3) The Managing Director appointed under sub-section (1) shall exercise such powers as are assigned to him under the bye-laws or delegated to him by the committee. He shall discharge, all such functions, consistent with the bye-laws, as are assigned to him by the Government or the Registrar. He shall work under the superintendence and control of the committee.
(4) The Managing Director of a co-operative society shall be its principal executive officer. All employee of the society shall function and perform their duties under his superintendence and control.
(5) The Managing Director appointed under sub-section (t) shall be deemed to be on deputation with the society and his salary and allowances, as determined by the State Government, shall be paid from the funds of the society."
Section 5. Amendment of section 109
5. Amendment of section 109.- After clause (o) of sub-section (2) of section 109 of the principal Act, the following new clause (oo) shall be inserted, namely:-
"(oo) the qualifications, experience and the manner of nomination of members on the committees of societies under section 35;".