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Start Free TrialMulti-state Co-operative Societies Act, 2002 Section 45
Title: Elections of Members of Board
State: Central
Year: 2002
.....of the elected members of the board shall be such, not exceeding five years from the date of elections, as may be specified in the bye-laws of a multi-State co-operative society: Provided that elected members shall continue to hold office till their successors are elected or nominated under the provisions of this Act or the rules or bye-laws and assume charge of their office. (6) Where the board fails to conduct election of the members of board, the Central Registrar shall hold the election within a period of ninety days from the date when such election became due. (7) No person shall be eligible to be elected as a member of the board of a multi-State co-operative society unless he is a member of the general body of that society. (8) The expenses for holding election by the Central Registrar shall be borne by the multi-State co-operative society. (9) The Central Government may make rules generally to provide for or to regulate matters in respect of election of members of the board.
View Complete Act List Judgments citing this sectionMulti-state Co-operative Societies Act, 2002 Section 47
Title: Removal of Elected Members by General Body
State: Central
Year: 2002
An elected member of a board, who has acted adversely to the interests of multi-State co-operative society, may on the basis of a report of the Central Registrar or otherwise be removed from the board upon a resolution of the general body passed at its meeting by a majority of not less than two-third of the members present and voting at the meeting: Provided that the member concerned shall not be removed unless he has been given a reasonable opportunity of making a representation in the matter.
View Complete Act List Judgments citing this sectionMultistate Cooperative Societies Act, 2002 Complete Act
State: Central
Year: 2002
MULTI-STATE CO-OPERATIVE SOCIETIES ACT, 2002 MULTI-STATE CO-OPERATIVE SOCIETIES ACT, 2002 39 of 2002 3rd July, 2002 An Act to consolidate and amend the law relating to co-operative societies, with objects not confined to one State and serving the interests of members in more than one State, to facilitate the voluntary formation and democratic functioning of co-operatives as people's institutions based on self-help and mutual aid and to enable them to promote their economic and social betterment and to provide functional autonomy and for matters connected therewith or incidental thereto. Be it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:- SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT (1) This Act may be called the Multi-State Co-operative Societies Act, 2002. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that.....
List Judgments citing this sectionMulti-state Co-operative Societies Act, 2002 Schedule I
Title: First Schedule
State: Central
Year: 2002
THE FIRST SCHEDULE [See section 3(g)] Co-Operative Principles 1. Voluntary and Open Membership.---Co-operatives are voluntary organisations, open to all persons capable of using their services and willing to accept the responsibilities of membership, without discrimination on bases of gender, social inequality, racial, political ideologies or religious consideration. 2. Democratic Member Control.--Co-operatives are democratic organisations con-trolled by their members, who actively participate in setting their policies and decision making. Elected representatives of these co-operatives are responsible and accountable to their members. 3. Member's Economic Participation.--Members contribute equitably and control the capital of their Co-operative democratically. At least a part of the surplus arising out of the economic results would be the common property of the co-operatives. The remaining surplus could be utilised benefiting the members in proportion to their share in the Co-operative. 4. Autonomy and Independence.--Co-operatives ere autonomous, self-help organisations controlled by their members. If co-operatives enter into agreement with other organisations.....
View Complete Act List Judgments citing this sectionMulti-state Co-operative Societies Act, 2002 Chapter III
Title: Registration and Functions Federal Co-operatives
State: Central
Year: 2002
..... (4) All provisions of this Act, applicable to a multi-State co-operative society shall, as far as may be, apply to a federal co-operative. Section 24 - Functions of federal co-operative (1) Subject to the provisions of this Act and any other law for the time being in force, a federal co-operative may discharge the functions to. facilitate the voluntary formation and democratic functioning of co-operative societies as federal co-operative or multi-State co-operatives based on self-help and mutual aid. (2) Without prejudice to the generality of the provisions contained in sub-section (1), the federal co-operative may-- (a) ensure compliance of the co-operative principles; (b) make model bye-laws and policies for consideration of its member cooperative; (c) provide specialised training, education and data-base information; (d) undertake research, evaluation and assist in preparation of perspective development plans for its member co-operative; (e) promote harmonious relations amongst member co-operative; (f) help member co-operative to settle disputes among themselves; (g) undertake business services on behalf of its member co-operative, if specifically.....
View Complete Act List Judgments citing this sectionMulti-state Co-operative Societies Act, 2002 Section 24
Title: Functions of Federal Co-operative
State: Central
Year: 2002
.....or multi-State co-operatives based on self-help and mutual aid. (2) Without prejudice to the generality of the provisions contained in sub-section (1), the federal co-operative may-- (a) ensure compliance of the co-operative principles; (b) make model bye-laws and policies for consideration of its member cooperative; (c) provide specialised training, education and data-base information; (d) undertake research, evaluation and assist in preparation of perspective development plans for its member co-operative; (e) promote harmonious relations amongst member co-operative; (f) help member co-operative to settle disputes among themselves; (g) undertake business services on behalf of its member co-operative, if specifically required by or under the resolution of the general body or the board, or bye-laws of a member co-operative; (h) provide management development services to a member co-operative; (i) evolve code of conduct for observance by a member co-operative; (j) evolve viability norms for a member co-operative; (k) provide legal aid and advice to a member co-operative; (l) assist member co-operative in organising self-help; (m) develop market.....
View Complete Act List Judgments citing this sectionMulti-state Co-operative Societies Act, 2002 Section 104
Title: Offences and Penalties
State: Central
Year: 2002
.....cash, security and other property belonging to a multi-State co-operative society of which he is an officer or custodian, to a person entitled under section 54, or section 70, or section 78, or section 79, or section 89 shall be punishable with fine which may extend to two thousand rupees and in the case of a continuing breach, with a further fine which may extend to five thousand rupees for every day during which the breach is continued after conviction for the first such breach. (4) Whoever, before, during or after the election of delegates under the proviso to sub-section (1) of section 38 or election of members of the board,-- (a) fraudulently defaces or fraudulently destroys any nomination paper; or (b) fraudulently defaces, destroys or removes any list, notice or other document affixed by or under the authority of a returning officer; or (c) fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any ballot paper or any declaration of identity; or (d) without due authority supplies any ballot paper to any person or receives any ballot paper from any person or is in possession of any ballot paper; or (e) fraudulently puts into any.....
View Complete Act List Judgments citing this sectionCompanies (Amendment) Act, 2002 Section 2
Title: Insertion of New Part Ixa
State: Central
Year: 2002
.....shall form part of the capital of the Producer Company. (8) Any reference to the inter-State co-operative society in any law other than this Act or in any contract or other instrument, shall be deemed to be reference to the Producer Company. (9) If, on the transformation date, there is pending any suit, arbitration, appeal or other legal proceeding of whatever nature by or against the inter-State co-operative society, the same shall not abate, be discontinued or be in any way prejudicially affected by reason of the incorporation of the Producer Company under section 581C or transformation of the inter-State co-operative society as a Producer Company under section 581J, as the case may be, but the suit, arbitration, appeal or other proceeding, may be continued, prosecuted and enforced by or against the Producer Company in the same manner and to the same extent as it would have, or may have been continued, prosecuted and enforced by or against the inter-State co-operative society as if the provisions contained in this Part had not come into force. 581M. Concession, etc., to be deemed to have been granted to Producer Company .-- With effect from the transformation.....
View Complete Act List Judgments citing this sectionDelimitation Act, 2002 Section 3
Title: Constitution of Delimitation Commission
State: Central
Year: 2002
..... 1 [Explanation.--Forthe purposes of clause (c), the State Election Commissioner of concernedState,-- (i)in respect of the duties of the Commission relating to a State (other than theStates of Meghalaya, Mizoram and Nagaland), means the State ElectionCommissioner appointed by the Governor of that State under clause (1) of article243K; and (ii)in respect of the duties of the Commission relating to the State of Meghalaya orthe State of Mizoram or the State of Nagaland, as the case may be, means aperson nominated by the Governor of that State for such purposes.] ________________________ 1. Substituted by Delimitation (amendment) Act, 2003 (3 of2004) w.e.f. 31.10.2003.Prior to substitution it read as under: "Explanation.--Forthe purposes of clause (c), the Slate Election Commissioner of concerned State,in respect of the duties of the Commission relating to that State, means the State Election Commissioner appointedby the Governor of that State under clause (7) of article 243K."
View Complete Act List Judgments citing this sectionMulti-state Co-operative Societies Act, 2002 Section 43
Title: Disqualifications for Being a Member of Board
State: Central
Year: 2002
.....behalf of or against any other multi-State co-operative society which is a member of the former society. Explanation.-- For the purposes of this clause, "legal practitioner" has the same meaning as in clause (i) of sub-section (1) of section 2 of the Advocates Act, 1961; (j) has been convicted for any offence under this Act; (k) is disqualified for being a member under section 29; (l) has been expelled as a member under section 30; (m) absents himself from three consecutive board meetings and such absence has not been condoned to by the board; (n) absents himself from three consecutive general body meetings and such absence has not been condoned by the members in the general body. (2) A person shall not be eligible for being elected as member of board of a multi-State co-operative society for a period of five years if the board of such multi-State co-operative society fails-- (a) to conduct elections of the board under section 45; or (b) to call the annual general meeting under section 39; or (c) to prepare the financial statement and present the same in the annual general meeting.
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