ACT 6 OF 1960
THE KERALA STATE HANDLOOM WEAVERS'
CO-OPERATIVE SOCIETY (SPECIAL PROVISIONS)
An
Act to make special provisions for the formation of the Kerala State Handloom Weavers' Co-operative Society.
"whereas
it is deemed necessary to make special
provisions for the formation of the Kerala State Handloom
Weavers' Co-operative Society;
be
it enacted in the Eleventh Year of the Republic of India
as follows: "
1
. Short title, extent and commencement." (1) This Act may be called the Kerala State Handloom Weavers' Co-operative
Society (Special Provisions) Act, I960.
(2)
It extends to the whole of the State of Kerala.
(3) It shall come into force on such date as the Govern
ment may, by notification in the Gazette, appoint.
2
. Definitions."In this Act, unless the context otherwise
requires,"
(1) "Madras Act" means the Madras Co-operative Societies
Act, 1932, as in force in Malabar;
(2) Malabar means the Malabar district referred to in sub-section (2) of section 5 of the States Reorganisation Act, 1956 (Central Act 37 of 1956);
(3) "Travancore-Cochin Act"
means the Travancore-Cochin Co-operative Societies Act, 1951;
(4)"Kozhikode Society"
means the Kerala Handloom Weavers' Co-Operative Society, Limited, No 142,
Kozhikode;
(5) "Trichur Society" means the Cochin Central Co-opera
tive Cottage Industries Marketing Society, Limited, No. 401,
Trichur;
(6) "Trivandrum Society" means the Travancore Sree
moolam Handloom Weavers' Central Co-operative Society,
Limited, No. 508,
Trivandrum;
(7) "Registrar" means the Registrar of Co-operative Socie
ties appointed under section 3 of the Travancore-Cochin Act;
(8)
"State" means the State of Kerala.
3
. Formation of the Kerala State Handloom Weavers' Co operative Society."Notwithstanding anything to the contrary
contained in the Madras Act or the Travancore-Cochin Act."
(1) where the Trichur Society divides itself into a handloom weavers' co-operative society and one or more other co-operative
society or societies, and the Trivandrum Society is reconstituted or reorganised under section 5A of the Multi-Unit Co-operative
Societies Act, 1942 (Central Act 6 of 1942), then it shall be law
ful for"
(i) the handloom weavers' co-operative
society formed
by the division of the Trichur Society;
(ii) the co-operative society formed by the re constitution
or reorganisation of the Trivandrum Society and
functioning in the State; and
(iii) the Kozhikode Society,
to amalgamate as a single co-operative society in accordance
with the procedure specified in sub-section (1) of Section 16 of the Travancore-Cochin Act, and for the purpose of such amal
gamation the Kozhikode Society shall be deemed to be a co operative society registered under the Travancore-Cochin Act;
(2) if for any reason the amalgamation of the three socie
ties aforesaid does not take place within three months of the commencement of this Act or within such further time as may be allowed by the Registrar in this behalf and the Registrar is of opinion that the amalgamation of the three societies is necessary or desirable for increasing their strength or useful
ness, he may, after consulting, in the manner prescribed by rules
made by the Government, the financing banks to which
the societies are indebted, call upon such societies to amalga
mate within such time as may be specified by him into one
co-operative society in accordance with the procedure specified
.n sub-section (1) of section 16 of the Travancore-Cochin Act;
(3) if the societies fail to amalgamate into one society within the time specified by the Registrar, he may, after giving an opportunity to the Committee of each of the societies to
state its objections, if any,
direct the amalgamation of the societies into one society and thereupon
the provisions of clauses (iii) to (vii), both inclusive, of sub-section (1A) of section 16 of the Travancore-Cochin Act shall apply in respect of the amalgamation of the said societies;
Provided that the first bye-laws of the co-operative society formed by the amalgamation of the three societies in pursuance
of this clause shall be made by the Registrar and he shall
forward a copy of the said bye-laws to the committee of each
of the societies when giving it opportunity under this clause
to state its objections, if any, in regard to the proposed
amalgamation;
(4) the co-operative society formed by the amalgamation of the three co-operative societies in pursuance of clause (1), clause (2) or clause (3) shall be registered as a co-operative society under the Travancore-Cochin Act and it shall be called
the Kerala State Handloom Weavers' Co-operative Society,
hereinafter referred to as the Apex society;
(5) the
area of operation of the Apex society shall
be the
whole State;
(6) any handloom weavers' co-operative society registered or deemed to be registered under the Madras Act and having its area of operation in Malabar shall be entitled to become a member of the Apex society in accordance with and subject to the provisions of the Travancore-Cochin Act, the rules made thereunder and the bye-laws of the Apex society, as if such
handloom weavers' co-operative society were a co-operative
society registered under the Travancore-Cochin Act;
(7) where a handloom weavers' co-operative society regis
tered or deemed to be registered under the Madras Act be
comes a member of the Apex society, whether consequent on the amalgamation or under clause (6), the rights and liabili
ties of that member society as such member and the rights and liabilities of the Apex society in its relation to such mem
ber society, shall be governed by the provisions of the Travan
core-Cochin Act, the rules made thereunder and the bye-laws
of the Apex society;
and for
the
purposes
aforesaid
the
Travancore-Cochin
Act
shall be deemed to extend to the whole State.
4
. Provisions of the Madras Act to govern in certain mat ters."Save as otherwise provided in section 3, the rights and liabilities of a society registered or deemed to be registered under the Madras Act, which has become a member of the Apex society, whether consequent on the amalgamation or under clause (6) of section 3, shall continue to be governed by the provisions of the Madras Act, the rules made thereunder and
the bye-laws of that society.
5
. Power to make rules for facilitating amalgamation." (I) The Government may, by notification in the Gazette, make rules providing for such incidental consequential or supplementary matters as in their opinion are necessary for fully and effec tually carrying out the purposes of this Act.