Tamil Nadu Co-operative Societies (Amendment) Act, 1989*
| [Tamil Nadu Act No. 36 of 1989] | [17th November, 1989] |
An Act 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 Fortieth Year of the Republic of India as follows:-
* Received the assent of the Governor on the 17th November, 1989 and published in the Tamil Nadu Government Gazette, Extraordinary.
1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Co-operative Societies (Amendment) Act, 1989.
(2) The provisions of this Act, except sub-section (6) of section 6 and sections 9 and 10, shall be deemed to have come into force on the 3rd day of July, 1989.
2. Amendment of section 2.- In section 2 of the Tamil Nadu Co-operative Societies Act, 1983 (Tamil Nadu Act 30 of 1983) (hereinafter referred to as the principal Act),-
(1) in clause (9),-
(a) for sub-clauses (a) and (b), the words "any registered society notified by the Government as a central society" shall be substituted;
(b) in the Explanation, the expression "sub-clause (b) of" shall be omitted;
(2) in clause (23), for the words "any other officer of the Government the words any other officer of the Government or any officer of, any body corporate, owned or controlled by the Government" shall be substituted.
3. Amendment of section 3.- In section 3 of the principal Act, for the words "any other officer of the Government" the words "any other officer of the Government or any officer of any body corporate owned or controlled by the Government" shall be substituted.
4. Amendment of section 26.- In section 26 of the principal Act,-
(1) for sub-section (2), the following sub-sections shall be substituted namely:-
"(2) Where a registered society has invested any part of its fund in the shares of, or is a member of, another registered society (which latter society hereafter in this sub-section referred to as such other society)-
(a) in the case of a registered society of the same class or category, of such other society the president of the first mentioned society, and
(b) in the case of any other registered society, one of the members of the board of that society not disqualified for such election under the rules or the by-laws of such other society elected from among themselves in such manner as may be prescribed,
shall be the delegate of such, registered society omitted to vote in the affairs of such other society.
(2-A) Where the Government are, or any body of persons referred to in item (iv) of clause (a) of sub-section (1) of section 21 is, a member of any registered society, the Government or, as the case may be that body of persons may appoint a person to represent them or it on the general body or in a meeting thereof and to vote in the affairs, of such society.
(2) ???
5. Amendment of section 32.- In section 32 of the principal Act, in sub-section (2),-
(1) in clause (i),-
(a) the brackets and figure "(i)" shall be omitted;
(b) in sub-clause (d), the word "and" occurring at the end shall be omitted;
(c) after sub-clause (d), the following sub-clause shall be inserted, namely:-
"(dd) appraisal of the programme of the activities of the society; and";
(2) clause (ii) shall be omitted.
6. Amendment of section 33.- In section 33 of the principal Act,-
(1) in sub-section (1), in clause (a)-
(a) for the first proviso, Hit fallowing proviso shall be ??? namely:-
"Provided that in the board of every agricultural producers marketing society, credit society, consumer society, mill; producers society and oil seeds growers society and such other class or category of registered societies as may be 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 prescribed authority may nominate, in the public interest from among the members of the registered society, the ??? of women or Scheduled Castes and Scheduled Tribes, as the case may be, to that extent;"
(b) in the second proviso, for the portion beginning with the words "Provided further that" and ending with the words "or women", the following shall be substituted, namely:-
"Provided further that in the board of every weavers society, there shall be thirty per cent representation for women and if the represent at ??? of women are not elected to that extent, then, the prescribed authority may nominate, in the public interest, from ??? the members of the registered society, the representatives of women ??? that extent:
Provided a so that nothing contained in the first proviso and the second proviso shall be deemed to prevent any woman or the members of the Scheduled ??? Scheduled Tribes";
(2) in sub-section (2),-
(a) in the opening portion for the expression "Notwithstanding anything contained in sub-section (1)", the expression "Notwithstanding anything contained in sub-section (1) but subject to sub-section (3)" shall be substituted;
(b) for the first proviso, the following proviso shall be substituted, namely:-
"Provided that in the case of scheduled co-operative societies the majority of members of which are ???, in the board of every such, society, there shall be thirty per cent ??? for women and eighteen per cent ??? for Scheduled ??? and Scheduled Tribes and if the representatives of women or Scheduled Castes and Scheduled Tribes are not ??? to that extent, then, the prescribed authority may ??? in the public ??? from among the members if available of the ??? society and if not so available, from among the members of the societies-
(i) affiliated to the scheduled co-operative society, or
(ii) ??? to the societies which are affiliated to the scheduled co-operative society,
the representatives of women or Scheduled Castes and Scheduled Tribes, as the case may be, to that extent.";
(c) in the second provision for the words "the members of the Scheduled Castes and Scheduled Tribes or the economically weaker sections or women", the words "any woman or the members of the Scheduled Castes and Scheduled Tribes" shall be substituted;
(d) for Explanation I, the following Explanation shall be substituted, namely:-
"Explanation I.-For the purposes of sub-sections (1), (2) and (4), white calculating the thirty per cent or eighteen percent of representation, the fraction, if any shall be ignored if it is less than half, or rounded off to the nearest whole number if it is equal to do more than half,";
(3) for sub-section (3), the following sub-section shall be substituted, namely:-
"(3) The board shall consist of-
(a) in the case of an apex society not less than eleven and not more than twenty-nine members as may be specified in the rules of by-laws;
(b) in the wise of a central society, not less than nine and not more than twenty-five members as may be specified in the rules or by-laws; and
(c) in the case of a primary society, not less than seven and not more shall fifteen members as may be specified in the rules or by-laws.";
(4) in sub-section (4), in clause (b),-
(a) in sub-clause (i) for the proviso, the following proviso shall be substituted, namely:-
"Provided that there shall be thirty per cent representation for women and eighteen per cent representation for Scheduled Castes and Scheduled Tribes and if ??? to present ??? of women or Scheduled Castes and Scheduled Tribes are not elected to that extent, then, the prescribed authority may nominate, in the public interest, from among the members of the registered society, the representatives of women or Scheduled Castes and Scheduled.-Tribes, as the case may be, to that extent.";
(b) in sub-clause (ii), the proviso shall be omitted;
(5) in sub-section (11), in clause (b),-
(a) the words "and the delegates of the registered society to the general body of other registered society" shall be omitted;
(b) the first and the second provisos shall be omitted;
(c) in the third proviso,-
(i) for the words "Provided also that", the words "Provided that" shall be substituted;
(ii) the words "or a delegate" occurring in both the places shall, be omitted;"
(iii) the words "or the delegate" shall be omitted;
(6) in sub-section (12) for the words "an employee of the financing bank", the words "an employee of the financing bank or an employee of any body corporals owned or controlled by the Government" shall be substituted;
(7) sub-section (13), for the words "every month", the words "every three months" shall be ???.
7. Amendment of section 34.- In section 34 of the principal Act,-
(1) in sub-section (4),-
(a) in clause (a), for the words "three registered societies", the words "five registered societies" shall be substituted;
(b) in clause (b), for the words "one apex society or more than one central society", the words "two apex societies or more than two central societies" shall be substituted;
(c) in clause (c),-
(i) in sub-clause (ii) for the words "three registered societies", the words "five, registered societies" shall be substituted;
(ii) in sub-clause (ii), for the words "an apex society or a central society", the words "two apex societies or two central societies" shall be substituted;
(iii) clause (d) shall be omitted;
(2) for sub-section (7), including the Explanation thereunder, the following sub-section shall be substituted, namely:-
"(7) No person shall be eligible for being elected or nominated as president for more than three registered societies.".
8. Amendment of section 80.- In section 30 of the principal Act, in sub-section (1), in clause (b), the following Explanation shall be added at the ??? namely:-
"Explanation.-In computing the period referred to in this clause, sub-section (4) of section 82, sub-section (4) of section 82, the second proviso to sub-section (1) of section 87 or the first proviso to clause (e) of sub-section (1) of section 88, any period or periods during which any proceeding under the respective provision was held up on account of any stay or injunction by the order of any court shall be excluded.".
9. Amendment of section 38.- In section 88 of the principal Act, in sub-section (1), in clause (a), for the words "a Government servant", the words "a Government servant or an employee of any body corporate owned or controlled by the Government" shall be substituted.
10. Amendment of section 89.- In section 89 of the principal Act, in sub-section (1), for the words "a Government servant", the words "a Government servant or an employee of any body corporate owned or controlled by the Government" shall be substituted.
11. Amendment of section 142.- To section 142 of rue principal Act, the following proviso shall be added, namely:-
"Provided that the Registrar shall not cancel or withdraw the winding-up of any insured co-operative bank without the prior permission of the Reserve Bank of India.".
12. Amendment of section 161.- Section 161 of the principal Act shall be numbered as sub-section (1) of that section, and after sub-section (1) as so numbered, the following sub-section shall be inserted, namely:-
"(2) Whoever not entitled to be in possession of any of the records and properties or the society (whether or not member of the board which has been reconstituted or superseded or a member, officer, an employee, or a paid servant of ??? which has been ordered to be wound-up referred to in sub-section (1) of section 165 prevents the re-constituted board, special officer or liquidator, as the case may be, from obtaining the possession of the said record and properties of the society shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to two thousand rupees or with both and shall also be liable to fine which may extend to one hundred rupees for every day of such prevention until seizure of such records and properties of the society under sub-section (4) of section 165.".
13. Amendment of section 180.- In section 180 of the principal Act, in sub-section (2), for clause (nn), the following clause shall be substituted, namely:-
"(nn) provide for" the constitution of executive committee or any sub-committee by the board and for delegating any of the powers or duties of the board to such committee or sub-committee;".
14. Special provision relating to nomination or ??? Tamil Nadu Act 30 of 1983.- Notwithstanding anything contained in the principal Actor the rules made thereunder, or in any other law for the time being in force, or in any judgment, decree of order of any court or other authority-
(a) the term of office of every member of every board of a registered society nominated under the principal Act on or after the 13th day of April, 1988 and holding office as such on the 3rd day of July, 1589, shall empire on such date as may be specified by the State Government, by notification, and different dates may be specified for different classes or categories of societies; and
(b) any election held under the principal Act before the 3rd day of July, 1989 to the board of any registered society shall be deemed never to have been held and accordingly no person shall be deemed ??? to have been elected to any board under the principal Act.
15. Repeal and saving.- (1) The Tamil Nadu Co-operative Societies (Amendment) Ordinance, 1989 (Tamil Nadu Ordinance 3 of 1989), 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.