Orissa act 011 of 2002 : Orissa Co-operative Societies (Amendment) Act, 2002

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, 2002.

(2) It shall be deemed to have come into force on the 29th June, 2002.

Section 2. Amendment of section 28

2. Amendment of section 28.- In the Orissa co-operative Societies Act, 1962 (hereinafter referred to as the principal Act), in section 28,-

(i) in clause (ii) of sub-section (1-b), after the words and comma "affairs of the society," and before the words "and constitute", the words and comma "and if necessary, take all or any policy decision including admission of members in relation to the society" shall be inserted;

(ii) in sub-section (1-c), after the words and comma "affairs of the society", and before the words "for a period", wherever they occur, the aommas and words "and if necessary, take all or any policy decision including admission of members in relation to the society," shall be inserted; and

(iii) in clause (g) of sub-section, (2),-

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

"(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, or a member society affiliated to it or a society affiliated to such member society, as far as practicable representing the Scheduled Castes, Scheduled Tribes, Other Backward Classes and Women, shall manage the affairs of the society and take all or any policy decision including admission of members in relation to the society till the Committee is constituted in accordance with the provisions of this Act;"; and

(b) in sub-clause (iv), for the words "six months" the words "eighteen months" shall be substituted.

Section 3. Amendment of section 29

3. Amendment of section 29.- In section 29 of the principal Act, in sub-section (2), after clause (q), the following clause shall be inserted, namely:-

"(q-1) admission of members to the society when the Committee of the society is suspended under sub-section (7) of Section 32; and".

Section 4. Amendment of section 32

4. Amendment of section 32.- In sub-section (1) of section 32 of the principal Act, after the words "affairs of the society", and before the words "for a period" the commas and words "and if necessary, take all or any policy decision including admission of members in relation to the society," shall be inserted.

Section 5. Amendment of section 116

5. Amendment of section 116.- In Sub-section (3) of section 116 of the principal Act, a proviso shall be inserted namely:-

"Provided that where any member of the concerned Society intends to institute prosecution against,-

(i) the Registrar, he shall obtain prior approval of the State Government and

(ii) any officer subordinate to the Registrar, he shall obtain prior approval of the Registrar."

Section 6. Repeal and ???

6. Repeal and ???.- (1) The Orissa Co-operative Societies (Amendment) Ordinance, 2002 (Orissa Ordinance No. 1 of 2002) 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 us amended by this Act.