Orissa act 010 of 2001 : Orissa Co-operative Societies (Amendment) Act, 2001

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, 2001.

(2) It shall be deemed to have come into force on the third day of July, 2001.

Section 2. Amendment of section 6

2. Amendment of section 6.- In section 6 of the Orissa Co-operative societies Act, 1962 (hereinafter referred to as the principal Act), in clause (b) of subjection (2),-

(a) for sub-clause (1) excluding the provisos and the Explanation thereto, the following sub-clause shall be substituted, namely:-

"(i) a Primary Society’ the number of individuals joining in the application shall not be less than fifty-one; except in the case of a Society the object of which is housing where such minimum number shall be-fifteen, so however that, in either case, such minimum number of individuals shall include three members from the Scheduled Castes including one woman, three from Scheduled Tribes including one woman, four from Other Backward Classes including one woman and five from other categories of members Including two women"; and

(b) for the third proviso to sub-clause (i), the following proviso shall be substituted, namely:-

"Provided also that in the event of non-availability of the minimum number of individuals from the Scheduled Castes, the Scheduled Tribes, Other Backward Classes or women so required for registration, the Registrar may exempt the proposed Society from the requirement of such category of individuals."

Section 3. Amendment of section on 28

3. Amendment of section on 28.- In section 28 of the principal Act, In sub-section (2),-

(i) in clause (b), the following proviso shall be inserted before the Explanation thereto, namely:-

"Provided that the offices of the President and Vice-President shall be reserved for the Scheduled Tribes.";

(ii) for clauses (c) and (d), the following clause shall be substituted, namely:-

"(c) in the case of a Primary Society other than Large-sized ??? Multipurpose Co-operative Society, three members each shall be from the Scheduled Castes end the 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 Tribes and Other Backward Classes of members, there shall be one woman and among the other categories, there shad be two women.";

(iii) clause (c) shall be omitted)

(iv) in clause (f),-

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

"(i) in the event of the seats in the Committee reserved for women, Scheduled Castes, Scheduled Tribes and Other Backward Classes remaining unfilled in any election of a Primary, central or Apex Society, the Committee of the Society shall co-opts the required number of such categories of members from among the members of the Society or, where the required number of such categories of members is not available for such co-option, the Committee shall co-opts, the required number of members from amongst the members of the Society belonging to any category to fill up such seats, and for the purpose of making such co-option, the vacancies in the unfilled seats reserved for the said categories shall not invalidate the constitution or functioning that Committee, if otherwise it, would be having a quorum;"; and

(b) sub-clause (iii) shall be omitted; and

(v) for clause (g), the following clause shall be substituted, namely:-

"(g)(i) Notwithstanding anything to the contrary contained in this Act, rules and bye-laws, the Committee (which shall include a preliminary Committee) of every Primary Society, Central Society and Apex Society existing immediately before the date of commencement of the Orissa Co-operative Societies (Amendment) Act, 2001 shall stand dissolved with effect from the said date and the members including the President and the Vice-President of every such Commutes shall be deemed to have vacated their offices on that date, and where, on the date of such commencement, the management of any such Society continues to vest in the Registrar, the proceedings or actions taken, if any, far constitution of the Committee thereof shall stand cancelled;

(ii) the management of every Society, the committee of which is so dissolved or which so continues to vest in the Registrar, shall vest or as the case may be, shall so continue to vest in the Registrar, and the Registrar or a Committee nominated by him from amongst the members of the Society, as far as Practicable representing the Scheduled Castes, Scheduled Tribes, Other Backward Classes and women, shall manage the affairs of the Society till the Committee is constituted in accordance with the provisions of this Act as amended by the Orissa Co-operative Societies (Amendment) Act, 2001)

(iii) every Society rafarred to in sub-clause (ii) shall amend its bye-laws, as may be necessary, so as to bring them in conformity with the provisions of this Act as amended by the Orissa Co-operative Societies (Amendment) Act, 2031 and reconstitute the Committee within six months from the data of commencement of the said Act and

(iv) in the event of any Society falling 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 4. Repeal and saving

4. Repeal and saving.- (1) The Orissa Co-operative Societies (Amendment) Ordinance, 2001 (Orissa Ordinance No. 1 of 2001) is hereby repealed.

(2) Notwithstanding such repeals 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.