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A. Umarani Vs. Registrar, Cooperative Societies and ors.

Court : Supreme Court of India

Reported in : 2005(1)ALD33(SC); JT2004(6)SC110; (2004)IIILLJ780SC; (2005)1MLJ6(SC); 2004(6)SCALE350; (2004)7SCC112

..... cooperative societies and land development banks constituted and registered in the state of tamil nadu used to be governed under tamil nadu cooperative societies act, 1961 (for short 'the 1961 act') and the tamil nadu land development banks act, 1934. ..... 86, dated 12.3.2001 aims at regularizing all the staff appointed to cooperative societies regardless of any defect or any violation of the rule 149 of the tamil nadu cooperative societies rules, 1988, as amended in 1995? ..... pursuant to or in furtherance of the powers conferred thereunder, the state framed rules known as the tamil nadu cooperative societies rules, 1988 (for short 'the 1988 rules'). ..... the 1961 act and 1934 act were repealed and replaced by tamil nadu cooperative societies act, 1983 (for short 'the 1983 act'). ..... 86, cooperation, food and consumer protection department, dated 12.3.2001, shall not operate for regularization of any employee recruited by the cooperative societies in violation of sub-rule (1) of rule 149 of the tamil nadu cooperative societies rules, as amended by goms no. ..... 212, cooperation, food and consumer protection department, dated 4.7.1995;(iii) in societies, where the cadre strength has not been fixed, direct them to adopt the special bye- law in conformity with sub-rule (1) of rule 149 of the tamil nadu cooperative societies rules, as amended by goms no. .....

The Rasipuram Cooperative Urban Bank Ltd. Vs. the Deputy Registrar of ...

Court : Chennai

..... the only question arises in these five writ petitions is whether a cooperative society registered under the tamil nadu cooperative societies act, 1983 is a public authority within a meaning of section 2(h) of the right to information act, 2005 (for short rti act)?2. ..... on the other hand, the peculiar features of the tamil nadu cooperative societies act, 1983 set out above will clearly show that cooperative societies are controlled by the state government. ..... in the present case, the petitioners cooperative societies are registered societies under the tamil nadu cooperative societies act, 1983. ..... under rule 149 of the tamil nadu cooperative societies rules, 1988, the societies will have to make special bylaws relating to service conditions of its employees and it is subject to prior approval of the registrar.20. ..... in the second writ petition (w.p.no.24746 of 2009), initially, the challenge was to the order of the tamil nadu information commission, dated 16.11.2009, wherein and by which the information commission had overruled the petitioner bank s objection that they are not the public authority within the meaning of section 2(h) of the rti act and held that the cooperative society was controlled by the special officer appointed by the state government. .....

The Tamil Nadu Brick and Tile Manufacturers Industrial Service Co.Oper ...

Court : Chennai

Reported in : (2003)182CTR(Mad)158; [2004]265ITR332(Mad)

..... it was contended before the assessing authority that as per the provisions of the tamil nadu cooperative societies act, 1961 (tamil nadu act no. ..... a careful reading of section 72 of the co-operative societies act and rule 96 of the tamil nadu co-operative societies rules shows that the disbursement out of net profit as declared by the registrar of co-operative societies is not logical and probably, the arrangement of various sub-sections as to the disbursement of net profit of a co-operative society has been made keeping in mind the object of the co-operative societies act that the net profit of the co-operative society is not to be dissipated. ..... , rule 96 of the tamil nadu societies rules, 1988 provides that any society other than a credit society may, in accordance with its by-laws, pay bonus to its members based on the extent of business done by the members with it or the value of the services rendered by such members to the society subject to a maximum of fifty per cent of its net profits. ..... 53 of 1961) and tamil nadu co.operative societies act, as amended by act 30 of 1983, the purchase bonus is payable to its members with reference to the business done by them and the sum so payable is allowable as business expenditure of the society. .....

Tamil Nadu Cooperative Marketing Vs. M.Krishnasamy

Court : Chennai

..... that in respect of the second ground, namely, that the enquiry officer has not recommended for initiating surcharge proceedings, as per rule 104(6) of the tamil nadu cooperative societies rules, 1988, there is no necessity for the enquiry officer to recommend for initiation of surcharge proceedings and as such, even the said ground is unsustainable ..... at this juncture, it is worthwhile to refer rule 104(6) of the tamil nadu cooperative societies rules, 1988, as relied by the learned counsel for the petitioner as hereunder:104.procedure regarding inquiry ..... it is also relevant to refer rule 104(9)(a) of the tamil nadu cooperative societies rules, 1988 which reads as hereunder: 104(9)(a). ..... first respondent alleged to have caused loss to the tanfed along with other special officers and as a result, an enquiry was conducted under section 81 of the tamil nadu cooperative societies act, 1983 [hereinafter referred to as 'act']. ..... the petitioner is that the first respondent herein was employed as special officer in tamil nadu cooperative marketing federation limited [hereinafter referred to as 'tanfed'] between 07.08.1992 and 30.09. ..... the said surcharge proceeding was challenged by the first respondent by preferring an appeal in cooperative appeal no.22/2004 before the special tribunal for cooperative society cases, chennai and the tribunal allowed the said appeal by the order dated 04.04.2007 and set aside the surcharge order on the ground of violation of statutory provisions and also on the .....

Workmen of Nilgiri Coop. Mkt. Society Ltd. Vs. State of Tamil Nadu and ...

Court : Supreme Court of India

Reported in : AIR2004SC1639; [2004(101)FLR137]; JT2004(2)SC51; (2004)IILLJ253SC; 2004(2)SCALE311; (2004)3SCC514; (2004)2UPLBEC1336

..... member and the purchaser member is resolved through arbitration in terms of the provisions of the tamil nadu cooperative societies act, 1961. 3. ..... to see that the small vegetable growers are not exploited by the vegetable merchants, a society known as 'nilgiris cooperative marketing society limited' (society for short) was formed as far back as in 1935 with only 116 members. ..... in the, first category only the vegetable or food growers, agricultural cooperative credit societies and agricultural improvement societies are a-class members having voting rights; whereas traders, commission agents and merchants dealing in the commodities grown by the agriculturists ..... 9334 of 1985 was also filed wherein the petitioners prayed for issuance of a writ of or in the nature of mandamus directing the society not to engage contract labour purported to be on the ground that the same is contrary to sections 25-o and 25-t of the industrial disputes act and sections 7 and 12 of the contract labour (regulation and abolition) ..... on or about 19.5.1984, the state of tamil nadu issued a notification in exercise of its power under section 10(1)(d) of the industrial disputes act, 1947 referring the following disputes for adjudication of the industrial tribunal :'i) whether the non-employment of the workmen ..... belong to 'badaga' community which had been declared to be a backward class by the government of tamil nadu. ..... district in the state of tamil nadu. ..... respondent-society issued an advertisement in a tamil newspaper .....

S.Antony Jayaraj Vs. the Registrar of Co-operative Societies

Court : Chennai

..... a further contention was raised that for the offence under the cooperative societies act, the provisions of ipc cannot be attracted as the tamil nadu cooperative societies act is a special law falling under the state list and as it receive the assent of the president, any other law will be repugnant under article 254(2) of the constitution.3. ..... in one such society where the petitioner was incharge as the special officer, namely annur primary co-operative bank, annur, an enquiry was ordered by the deputy registrar of cooperative societies under section 18 of the tamil nadu cooperative societies act with reference to the functioning of the society. ..... subsequently, the tamil nadu legislature has amended the cooperative societies act and has introduced section 164-a whereby, the act is only in addition to other legislation and there is no bar in proceeding against the employees working in cooperative societies in terms of other criminal law.5. ..... when the matter came up today, the learned government advocate produced written instructions issued by the joint registrar of cooperative societies, coimbatore region. ..... at the relevant time, he was a special officer incharge of more than 13 primary agricultural cooperative bank as the board of director was superseded. ..... the contention that the co-operative societies act is a special law and therefore, no prosecution can be launched cannot be accepted. .....

The Management of Athoor Pudhupettai. Vs. P.Krishnan and anr

Court : Chennai

..... criminal case was also registered by the cciw police based upon an enquiry held under section 81 of the tamil nadu cooperative societies act. ..... for contending that the secretary of the cooperative society held to be not a workman as he is an officer within section 2(19) of the tamilnadu cooperative societies act, 1983. ..... the deputy commissioner of labour (minimum wages).appellate authority under the tamil nadu shops and establishments act, teynampet, chennai and another reported in 2011 (1) lln 704 ( ..... the deputy commissioner of labour (appellate authority under tamil nadu shops and establishments act), teynampet, chennai and others reported in 2010 writ ..... though the said judgment arose under the tamil nadu payment of subsistence allowance act, 1981, the definition of the term employee is parimateria of the definition of the term workman ..... to contend that even if a person is held to be not a workman under the industrial disputes act, they have remedy by way of an appeal under the tamil nadu shops and establishments act.12. ..... all powers are only available to the elected president of the cooperative bank or in the case of his non availability, to the special ..... further referred to a judgment of the division bench of this court in the george town cooperative bank limited, rep by its secretary vs. ..... it is the case of the petitioner cooperative bank that the first respondent was appointed as a peon in the bank on ..... 19.07.1993, he became the secretary of the society till the date of his termination. .....

K. Radhakrishnan Vs. the Additional Registrar (Marketing, Planning and ...

Court : Chennai

Reported in : 2000(2)CTC147; (2000)IIMLJ7

..... 1983 and rule 169 of the tamil nadu cooperative societies rules, 1988 (hereinafter referred to as 'the act' and 'the rules ..... proceedings dated 19.8.92 informed the petitioner that there is no need to alter the position in the seniority list and rejected the request of the petitioner, against which he preferred a revision petition under section 153 (1) of the tamil nadu cooperative societies act. ..... by the impugned order, the first respondent has passed the following order:-'under section .153 of the tamil nadu co-operative societies act, 1983, a revision shall lie only in respect of any proceedings under the act or the rules or the ..... the short question to be decided in this writ petition is whether first respondent-additional registrar of co-operative societies is correct in dismissing the revision filed by the petitioner against the rejection of the order of the 2nd respondent on the ground that it is not maintainable under section 153 of the tamil nadu co-operative societies act since the said order is not an order under the act/ rules or bye-laws of the second ..... makes it clear that it is open to the registrar either on his own motion or on application from any aggrieved person to call for and examine the record of any officer subordinate to him or any officer of a registered society and examine in respect of any proceedings under the act or the rules or the by-laws as to the regularity of such proceedings or correctness, legality or propriety of any decision passed or made therein. .....

G. Velliangiri Vs. the Deputy Registrar of Cooperative Societies

Court : Chennai

..... this writ petition has been filed, challenging the notice issued by the first respondent, under section 167 of the tamil nadu cooperative societies act, 1983, and the interim order of attachment, dated 31.03.2009, attaching the property belonging to the second petitioner, who is the wife of the first petitioner. ..... the learned counsel appearing on behalf of the petitioners had further submitted that a surcharge proceedings under section 87(1) of the tamil nadu cooperative societies act, 1983, is pending against the first petitioner for the alleged misappropriation of funds belonging to the second respondent bank. ..... the second respondent had issued a notice, dated 31.03.2009, under section 167 of the tamil nadu cooperative societies act, 1983, calling upon the petitioners to furnish security for a sum of rs.5,21,900/-, to satisfy the decree that may be passed against them. .....

C.Anantharaman. Vs. the Registrar of Cooperative Societies and ors.

Court : Chennai

..... lalitha reported in (2004) 1 scc 305 had held that section 90 of the tamil nadu cooperative societies act does not oust the jurisdiction of the consumer forum to adjudicate the disputes between the members and the cooperative societies. ..... under rule 67(iii) of the tamil nadu cooperative societies rules, 15% of the amount should have been paid at the time of auction and the balance amount should be paid within 15 days from the date of the auction. ..... , in the present case, the petitioner had not only lost before the state consumer forum which order was confirmed by the national commission, but also availed the remedy under the provisions of the cooperative societies act. ..... it was held that the auction was not held in terms of the provisions of the cooperative societies act. ..... what is surprising is that the authorities of the cooperative department and housing society have failed to take immediate action to bring the property again to sale. ..... merely because the rights and liabilities are created between the members and the management of the society under the act and forums are provided, it cannot take away or exclude the jurisdiction conferred on the forums under the 1986 act expressly and intentionally to serve a definite cause in terms of the objects and ..... the district forum had issued a direction to the society to grant the sale certificate in favour of the writ petitioner. ..... agricultural credit society v. m. .....