The Tamil Nadu Agricultural Cooperative Societies (Appointment of Special Officers) Amendment Act, 1988 Complete Act - Bare Act

An Act to further to amend the Tamil Nadu Agricultural Service Co-operative societies (Appointment of Special Officers) Act, 1986.

BE it enacted by the Parliament of the Thirty- Ninth year of the Republic of India as follows:-

(1) This Act may be called the Tamil Nadu Agricultural Service Co-operative Societies (Appointment of Special Officers) Amendment Act. 1988.

(2) It shall be deemed to have come into force on the 28^th day of March 1988.

2.

Incorporated in the Main Act.

Every special officer appointed or deemed to be appointed under sub-section (1) of section 4 of the Principal act and holding office as such immediately before the commencement of this Act, shall continue to hold such office on and from such commencement as if the provisions of sub-section (2) of Section 4 of the Principal Act, as accordingly, anything done or any action taken by such Special officer under the principal act during the period commencing on and from the 28^th day of March 1988 and ending with the date of publication of this Act in the Tamil Nadu Government Gazette, shall be deemed to have been validly done or taken in accordance with the provisions of the principal act.

WHEREAS the Tamil Nadu Co-operative Societies Act, 1983 (Tamil Nadu Act 30 of 1983), as amended by the Tamil Nadu Co-Operative Societies (Amendment) Act 1990 (Tamil Nadu Act 26 of 1990), provides for thirty per cent representation for women and eighteen percent representation for Scheduled Castes and Scheduled Tribes, in the boards of registered Co-Operative societies and for nomination of the representatives of women and Scheduled Castes and Scheduled Tribes, if women and Scheduled Castes and Scheduled Tribes members are not elected to that extent;

AND WHEREAS in the election to the boards of the primary co-operative societies held in the year 1990, representatives of women and Scheduled Castes and Scheduled Tribes were not elected to the extent of thirty per cent and eighteen per cent, respectively.

AND WHEREAS a large number of representatives of women and Scheduled Castes and Scheduled Tribes, disproportionate to the elected members have been nominated, which resulted in an abnormal tilt towards the nominated members;

AND WHEREAS the abnormal tilt towards the nominated members will not be conducive to the orderly development of co-operative movement but also be not in consonance with the principles of democratic management of co-operatives;

AND WHEREAS a number of complaints have been received by the Government regarding the malpractice in the conduct of election and in the management of the affairs of the primary co-operative societies;

AND WHEREAS the Government, with a view to set right the abnormal tilt towards the nominated members and also to ensure the proper management of the said co-operative societies, have decided to amend the Tamil Nadu Co-operative Societies Act, 1983 (Tamil Nadu Act 30 of 1983) suitably and also to conduct election to all co-operative societies under the said act as proposed to be amended;

AND WHEREAS pending amendment, it has been decided to supersede the boards of management of the primary societies and to appoint Special Officers for a Limited period, in the public interest;

BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Forty Second Year of the Republic of India as follows:-

(1) This Act may be called the Tamil Nadu Agricultural Service Co-operative Societies (Appointment of Special Officers) Amendment Act. 1991.

(2) It shall be deemed to have come into force on the 28^th day of June 1991.

2.Definitions -

In this Act, unless the context otherwise requires,-

(a) "appointed day" means the 28^th day of July 1991;

(b) "board" means the governing body of a primary society, by whatever name called, to which the management of its affairs is entrusted.

(c ) "Co-operative" Societies Act " means the Tamil Nadu Co-Operative Societies Act, 1983;

(d) "Government" means the State Government;

(e) "Primary society" means a primary society as defined in clause (21) of section 2 of the co-operative societies Act to which election was held under that Act in the Year 1990;

(f) words and expressions used and not defined in this Act but defined in the co-operative societies act, shall have the meanings respectively assigned to them in that Act.

Notwithstanding anything contained in the co-operative societies 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, the term of office of the every member (whether elected or nominated) of the board of every primary society, including its president and vice-president, holding office as such, immediately before the appointed day, shall expire on the appointed day and such members shall vacate their office on and from the appointed day.

(1) (a) Notwithstanding anything contained in the Co-operative Societies Act, or in any other law for the time being in force, or in any decree of order of any court, tribunal or other authority, on and from appointed day, the Government shall appoint a person Special Officers to manage the affairs of the any primary society referred to in section 3.

(b ) Nothing in this sub-section shall prevent the appointment of the same person as Special Officer for two or more primary societies.

(2) Each Special Officer appointed or deemed to be appointed under sub-section (1) shall hold office for a period of [upto the 31^st day of October 1996]

One year and six months substituted by T.N. Act 50/92.

Two years substituted by T.N. Act 3.93

Two years and six months substituted by T.N. Act 21/93.

Three years substituted by T.N. Act 5/94.

Three years and six months substituted by T.N. Act 59/94.

Four years substituted by T.N. Act 5/95.

Four years and six months substituted by T.N. Act 31/95.

Upto 31.5.1996 substituted by T.N. Act 13/96.

Upto 30.9.1996 substituted by T.N. Act 20/96. With effect on and from the appointed day or for such shorter period as the Government may, by notification, specify in this behalf.

T.N. Act 5/97.See also G.O.Ms. No 70, Animal Husbandry and Fisheries (MP-II), 30.3.1997 Published in T.N. G.G. Extraordinary issue No. 167 dt.31.3.97 in Notification II (2)/ Ass.F.I ) 879 (b) 97 and G.O.Ms. No.94 Ass FI (MP II ), 30.12.97 Published in T.N.G.G. Ext. Ordy. No.244 dt 30.4.97 in Notification No. II (2) / ANFI / 11/2/ (b) / 97. [Provided that each Special Officer appointed for dairy Primary Society under sub-section (1) shall hold office upto 30^th day of June 1997 or for such shorter period as the Government may, by notification, specifying in this behalf.

Provided further that if any vacancy arises in the office of the Special officer, the vacancy shall be filled up the Government and the person so appointed in the vacancy shall hold office for the remainder of the said period.]

(3) The Special Officer appointed sub-section (1) , subject to the control of the Registrar and to such directions as he may, from time to time , give, shall exercise all or any of the functions of the board or of any officer of the primary society and take such action as may be required in the interest of such primary society.

(4) The Government may fix the remuneration payable to the Special Officer appointed under sub-section (1) and the amount of remuneration so fixed and such other expenditure incidental to the management of the primary society as may be approved by the Registrar, shall, subject to such directions as the Government may give in this regard, be payable from the funds of such primary society.

(5) The Special Officer appointed under sub-section (1) shall arrange for the constitution of a new board in accordance with the provisions of the Co-operative Societies Act and the rules made thereunder and the by-laws of such primary society, so that the new board may be constituted and the members thereof come into office at the expiry of the period of appointment of the Special Officer.

5. Appointment of Advisory Board " (1) Notwithstanding anything contained in the Co-operative societies Act, the Government may appoint an advisory board consisting of not more than five non-official members to advise such Special Officer.

(2) The members of the Advisory Board shall be entitled to receive such allowances or fees and other amenities as may be prescribed.

(3) The Advisory Board shall be consulted by the Special Officer on all matters relating to the affairs of the primary society.

"

Except as otherwise provided in sections 4 and 5, the provisions of the co-operative societies act and the rules made thereunder shall apply in relation to a special officer appointed under sub-section (1) of section 4 as they apply in relating to special officer appointed under sub-section (1) of section 88 of The Co-operative Societies Act.

7.Delegation of powers of Government "

(1) The Government may, by notification, authorize the Registrar to exercise any of the powers vested in them under section 4 or under section 5 in respect of all or any of the primary societies.

(2) The exercise of any power delegated under sub-section (1) shall be subject to such restrictions and conditions as may be specified in the notification and subject also to control and revision by the Government.

(1) No suit, prosecution or other legal proceedings shall lie against any person for anything which is in faith done or intended to be done in pursuance of this Act.

(2) No suit or other legal proceedings shall lie against the Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act.

(1) The Government may make rules to carry out the purposes of this Act.

(2) All rules made under this Act shall be, published in the Tamil Nadu Government Gazette and unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.

(3) Every rule made under this Act shall, as soon as possible after it is made, be placed on the table of the Legislative Assembly, and if before the expiry of the session in which it is so placed or the next session, the Assembly makes any modification in any such rule or the Assembly decides that the rule should not be made, the rules shall thereafter have effect only in such modified form, or be of not effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Notwithstanding anything contained in the Co-operative societies 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,-

(a) every member elected to the board of primary society but not assumed office immediately before the appointed day shall be deemed never to have been elected as such member and

(b) any dispute, appeal, revision, review or other proceedings in respect of any election to a primary society pending before any court or other authority on the appointed day shall abate.

(1) The Tamil Nadu co-operative Societies (Appointment of Special Officers) Ordinance , 1991 is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.