Tamil Nadu Co-operative Societies (Amendment and Special Provisions) Act, 1992*
| [Tamil Nadu Act No. 19 of 1992] | [11th May, 1992] |
An Act further to amend the Tamil Nadu Co-operative Societies Act, 1983
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Forty-third Year of the Republic of India as follows:-
* Received the assent of the Governor on the 8th May, 1992 and published in the Tamil Nadu Government Gazette, Extraordinary, No. 276, dated May 11, 1992.
1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Co-operative Societies (Amendment and Special Provisions) Act, 1992.
(2) It shall come into force at once.
2. Amendment of section 23.- In section 23 of the Tamil Nadu Co-operative Societies Act, 1983 (Tamil Nadu Act ??? of 1983) (hereinafter referred as the principal Act),-
(1) is sub-section (1),-
(a) in clause (g), the word "or" shall be added at the end;
(b) after clause (g), the following clause shall be added, namely:-
"(h) does not possess the qualification, with reference to the principal object of the society, prescribed in the rules or the by-laws.";
(2) in sub-section (2),-
(a) in the proviso to clause (f), the word "or" shall be added at the end;
(b) after clause (f), the following clause shall be added, namely:-
"(g) does not possess the qualification, with reference to the principal object of the society, prescribed in the rules or the by-laws."
3. Amendment of section 33.- In section 33 of the principal Act,-
(1) in ???
"Provided that among the members elected to the board of every ??? belonging to such class or category of registered, societies as may be per cent ??? for ??? for Scheduled Castes and Scheduled Tribes and if the representatives of women or Scheduled Castes and Scheduled Tribes are not elected to that extent, the, the elected members of the board shall, at the first meeting of the board after the election, co-opt to the board, from among the members' of the registered society, the representatives of women or Scheduled Castes and Scheduled Tribes, as the case may be, in accordance with such procedure as may be prescribed, and, notwithstanding, anything contained in sub-section (3), the number of members of the board shall stand increased by such number as is co-opted under this proviso:
Provided further that among the members elected to the board of every weavers society, there shall be thirty per cent representation for women and if the representatives of women are not elected to that extent, then, the elected members of the board shall, at the first meeting of the board after the election, co-opt to the board, from among the members of such society, the representatives of women, in accordance with such procedure as may be prescribed, arid, notwithstanding anything contained in sub-section (3), the number of members of the board of such society shall stand increased by such number as is co-opted under this proviso:";
(2) in sub-section (2), for, the proviso, the following proviso shall be substituted, namely:-
"Provided that in the case of scheduled co-operative societies in which the majority of members are individuals, among the members elected to the board of very such scheduled co-operative society as may the prescribed, there shall be thirty per cent representation for women and eighteen per cent representation for Scheduled Castes and Scheduled Tribes and if the representatives of women or Scheduled Castes and Scheduled Tribes are not elected to that extent, then, the elected members of the board shall, at the first meeting of the board after the election, co-opt to the board, from among the members, if ??? the scheduled co-operative society, and if not so available, from among the members of the societies-
(i) affiliated to the scheduled co-operative society, or
(ii) affiliated to the societies which are affiliated to the scheduled co-operative society.
the representatives of women and Scheduled Castes and Scheduled Tribes, as the case, may be, and, notwithstanding any thing, contained in sub-section (3), the number of members of the board shall stand increased by such number as is co-opted under this proviso.";
(3) in sub-section (3),-
(a) in clause (b), for the expression "not less than nine and not more than twenty-five members" the expression "not less than eleven and not more than twenty-seven members" shall be substituted;
(b) in clause (c), for the expression "not more than fifteen members", the expression "not more than seventeen members" shall be substituted;
(4) in sub-section (4), in clause (b), in sub-clause (i), for the proviso, the following proviso shall be substituted, namely:-
"Provided that among the members elected to the board of such of the societies referred to in clause (a) as may be prescribed, there shall be thirty per cent representation for women and eighteen per cent representation for Scheduled Cartels and Scheduled Tribes and if the representatives of women or Scheduled Castes and Scheduled Tribes are not elected to that extent, then, the elected members of the board shall, at the first meeting of the board after the election, co-opt to the board, from among the members of the registered society, the representatives of women or Scheduled Castes and Scheduled Tribes, as the case may be, in accordance with such procedure as may be prescribed, and, notwithstanding anything contained in sub-section (3), the number of members of the board shell stand increased by such number as is co-opted under this proviso."
(5) in sub-section (10), after clause (a), the following clause shall be inserted, namely:-
(aa) Every co-opted member of the board shall hold office only for such period for which such member would have been entitled to hold office if such member had been elected to the board;";
(6) after sub-section (16), the following sub-section shall be added, namely:-
"(17) Every co-opted member of the board shall have all the rights, powers and privileges of an elected member of the board.".
4. Insertion of new section 36-A.- After section 36 of the principal Act, the following section shall be inserted, namely:-
"36-A. Qualifications and disqualifications for co-option of members to board.- Notwithstanding anything contained in this Act, the provisions relating to the qualifications and disqualifications of the members of the board elected under this Act shall, as far as may be, apply in relation to the members co-opted to the board under sub-sections (1), (2) and (4) of section 33, as they apply to the members elected to the board.".
5. Amendment of section 174.- In section 174 of the principal Act, in clause (b), after the words "in the election", the words "or co-option" shall be inserted.
6. Amendment of section 180.- In sub-section (2) of section 180 of the principal Act,-
(1) in clause (i), after the words "for the election", the word "co-option" shall be inserted.
(2) in clause (j), after the words "from electing", the words "or co-opting" shall be inserted.
7. Term of office of members of certain primary societies to expire.- (1) Notwithstanding anything contained in the principal Act or the rules made thereunder, or in any other law for the time being in force, or in any judgment, decree or order of any court, tribunal or other authority, the term of office of every member, including the president and vice-president (whether, elected or nominated), of the board of every primary society to which elections were held under the principal Act on or after the 1st day of January, 1991 and before the date of the publication of this Act in the Tamil Nadu Government Gazette holding office as such immediately before the date of such publication shall expire on the date of the publication, of this Act in the Tamil Nadu Government Gazette and such member shall vacate his office on and from the date of such publication.
(2)(a) Notwithstanding anything contained in the principal Act, or in any other law for the time being in force, or in any decree or order of any court, tribunal or other authority, on and from the date of the publication of this Act in the Tamil Nadu Government Gazette, the Government shall appoint a person as Special Officer to manage the affairs of any primary society referred to in sub-section (1).
(b) Nothing is this sub-section shall prevent the appointment of the same person as Special Officer for two or more primary societies.
(3) The provisions of the Tamil Nadu Co-operative Societies (Appointment of Special Officers) Act, 1991 (Tamil Nadu Act ??? of 1991) shall, as far as may be, apply to the Special Officers appointed under sub-section (2) as they apply to the Special Officers appointed under the said Tamil Nadu Act 30 of 1991.