Orissa act 007 of 1996 : Orissa Co-operative Societies (Amendment) Act, 1996

Section 1. Short title, extent and commencement

1. Short title, extent and commencement.- (1) This Act may be called the Orissa Co-operative Societies (Amendment) Act, 1996.

(2) It shall be deemed to have come into force on the 2nd February, 1996.

Section 2. Amendment of section 2

2. Amendment of section 2.- In the Orissa Co-operative Societies Act, 1962 (hereinafter referred, to as the principal Act), in section 2.-

(i) for clause (a), the following clause shall be substituted, namely:-

(a) "Apex Society" means a Society having the whole of the State of Orissa as its area of operation, and declared as such by the Registrar'; and

(ii) for clause (b-2), the following clause shall be substituted, namely:-

‘(b-2) "Central Society" means a Society declared as such by the Registrar’.

Section 3. Amendment of section 16

3. Amendment of section 16.- In the principal Act, in section 16,-

(i) in sub-section (1), the proviso to clause (b) shall be omitted and

(ii) after sub-section (1) the following sub-section shall be inserted, namely:-

"(1-a) Notwithstanding anything to the contrary contained in any other provisions of this Act, and the rules affiliated or bye-laws, framed thereunder the members of the Primary Societies to a Central Society or an Apex Society shall be deemed to be the members of their respective Central Society or, as the case may be, the Apex Society or both, with effect from the date of commencement of the Orissa Co-operative Societies (Amendment) Act, 1996".

Section 4. Amendment of section 20

4. Amendment of section 20.- In the principal Act, in section 20, clause (a) of the proviso shall be omitted.

Section 5. Amendment of section 21

5. Amendment of section 21.- In the principal Act, in Section 21, in the proviso to sub-section (1), for clause (a), the following clause shall be substituted, namely:-

"(a) where the member is a society, through its-

(i) President; or

(ii) Vice-President, in case such member society does not have a President or having a President, such President is unable to exercise the vote; or

(iii) representative, in case such member society does not have a President or Vice-President or having President and Vice-President, none of them is able to exercise the vote".

Section 6. Amendment of section 27

6. Amendment of section 27.- In the principal Act, in the first proviso to section 27, the words "and amending the bye-laws of the Society" occurring at the end shall be omitted.

Section 7. Amendment of section 28

7. Amendment of section 28.- In the principal Act, in section 28,-

(i) for sub-section (1-a), [the following sub-section shall be substituted, namely;-

(1-a) there shall be a President and Vice-President of the Committee who shall have such powers, duties and responsibilities as may be prescribed";

(ii) in sub-section (2),-

(a) in clause (a), for the opening line and" sub-clause (i), the following shall be substituted, namely:-

"The Committee of a Society shall, excluding the members deemed or nominated as members under Sub-section (3-b) of section 28 and sub-section (1) of section 31, consist of,-

(i) Twenty-one members in the case of an Apex Society and fifteen in the case of a Central Society including the President and the Vice-President"; and

(b) after clause (e), the following clauses shall be inserted, namely:-

"(e-1) in the case of a Central Society, three members each shall be from the Scheduled Castes and Scheduled Tribes, four from Other Backward Classes and five from other categories of members, so however that, among each of the said Scheduled Castes, Scheduled Tribe and Other Backward Classes of members, there shall be one woman and among the other categories, there shall be two women.

(e-2) in the case of an Apex Society, four members shall be from the Scheduled Castes, five from the Scheduled Tribes and six each from the Other Backward Classes and other categories of members, so however that there shall be one woman each from the said Scheduled Castes and Scheduled Tribes, two women among the Other Backward Classes and three women among the other categories of members":

(c) for clauses (f) and (g), the following clauses shall respectively be substituted, namely:-

"(f) Notwithstanding anything contained in this sub-section,-

(i) in the event of the seats in the Committee reserved for Women, Scheduled Castes, Scheduled Tribes and Other Backward Classes categories of members remaining unfilled in any election of a Primary, Central or Apex Society, the Committee of the Society shall co-operative the required number of such categories of members from amongst the members of the Society to fill up such seats, and for the purpose of making such co-option, the unfilled seats reserved for the said categories shall not invalidate the constitution or functioning of the Committee, if otherwise, it would be having a quorum;

(ii) the term of office of every such co-opted member shall be co-terminus with the other members of the Committee;

(iii) in the event of any seat in the Committee reserved for Women, Scheduled Castes, Scheduled Tribe and Other Backward Classes categories of members remaining vacant for non-availability of required number of such categories of members in the membership of a Society for the said purpose of co-option, any vacancy as a consequence thereof shall not invalidate the constitution or functioning of the Committee, provided there is a quorum.

(g)(i) Notwithstanding anything to the contrary contained in this Act, rules and bye-laws, the Committee of every Central Society and Apex Society existing immediately before the date of commencement of the Orissa Co-operative Societies (Amendment) Act, 1996 shall stand dissolved with effect from the said date, and the members including the President and the Vice-President of every such Committee shall he deemed to have vacated their offices on that date:

Provided that nothing in this clause shall be construed to affect the functions and powers of the Committee of a Primary Society constituted before the commencement of the Orissa Co-operative Societies (Amendment) Act, 1996, as long as it continues in Office;

(ii) Upon such dissolution the management of the Society shall vest in the Registrar, and the Registrar shall nominate a Committee from amongst the members of the Society, as far as practicable; representing the Scheduled Castes, Scheduled Tribes, Other Backward Classes and Women, to manage the affairs of the Society till the Committee is constituted in accordance with the provisions of this Act as amended by the ??? Co-operative Societies (Amendment) Act, 1996;

(iii) Every Society, the Committee of which stands dissolved under sub-clause (i), shall amend its bye-laws, as may be necessary, so as to bring then in conformity with the provisions of this Act as amended right Orissa Co-operatics Societies (Amendment) Act, 1996, and reconstitute the Committee within six months from the date its Committee so stood dissolved; and

(iv) In the event of Society failing to so amend its bye-laws and reconstitute the Committee within the period specified in sub-clause (iii), the Registrar shall make such amendment and reconstitute the Committee within six months following the date of expiry of the period so specified.".

Section 8. Amendment of section 28-A

8. Amendment of section 28-A.- In the principal Act, in section 28-A, in sub-section (1),-

(a) for clause (i), the following clause shall be substituted, namely:-

"(i) The President of the Committee of every Society shall be indirectly elected, in the manner prescribed, by and from among the members of the Committee."; and

(b) in clause (iii), for the words "The Vice-President of the Committee of every Primary Society", the words "The Vic-President of the Committee" shall be substituted.

Section 9. Amendment of section 32

9. Amendment of section 32.- In the principal Act, in section 32, after sub-section (6), the following sub-section shall be inserted, namely:-

"(7) Notwithstanding anything contained in this section, if, in the opinion of the Registrar, the Committee of any Society is acting in a manner prejudicial to the interest of the Society or its members, or has committed such serious irregularities or illegality that further continuance of the Committee would be detrimental to the interest of the Society, the Registrar may, at any time before or, as the case may be, after issue of a notice under sub-section (1), suspend the Committee, and make such arrangements as he thinks proper for the management of the affairs of the Society during the period of suspension of the Committee:

Provided that if the Committee so suspended is reinstated the period of suspension shall count towards its term".

Section 10. Repeal and ???

10. Repeal and ???.- (1) The Orissa Co-operative Societies (Amendment) Ordinance, 1996 (Orissa Ordinance No. 1 of 1996) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act as amended by this Act.