TAMIL NADU CO-OPERATIVE SOCIETIES (THIRD
AMENDMENT) ACT, 1970 THE TAMIL NADU
CO-OPERATIVE SOCIETIES (THIRD AMENDMENT) ACT, 1970 [Act No. 32 of 1970] [23rd December, 1970] An Act further to
amend the Tamil Nadu Co-operative Societies Act, 1961. Be
it enacted by the Legislature of the State of Tamil Nadu in the Twenty-first
Year of the Republic of India as follows:- This
Act may be called the Tamil Nadu Cooperative Societies (Third Amendment) Act,
1970. After
Chapter IX-A of the Tamil Nadu Co-operative Societies Act, 1961 (Tamil Nadu Act
53 of 1961) (hereinafter referred to as the principal Act), the following
Chapter shall be inserted, namely:- "CHAPTER IX-B APEX SOCIETIES 73-H.
Definitions.- In
this Chapter, unless the context otherwise requires,- (a) "apex society" means a registered society
whose area of operations extends to the whole of the State of Tamil Nadu; and (i) which has as its principal object, the promotion of
the principal objects and the provision of facilities for the operations of
other registered societies affiliated to it; or (ii) which is classified by the Government, by
notification, as an apex society; but
does not include the Tamil Nadu Co-operative State Land Development Bank
Limited and the Tamil Nadu State Co-operative Bank Limited; (b)
"board"
in relation to an apex society means the board of directors or the board of
management or the committee of management or the governing body to whom the
management of its affairs is entrusted; (c) "notified date" in relation to an apex
society means the date specified in a notification issued under section 73-I in
relation to such society. 73-I.
Application of this Chapter to apex societies.- The
Government may, by notification, apply the provisions of this Chapter to any
apex society from such date as may be specified in such notification. 73-J.
The Board of as apex society.- (1) The Ward shall consist of- (i) such number of members to be elected and nominated
as may be prescribed, (ii) the Managing Director, if any, appointed under
sub-section (2), and (iii) an ex-officio member to be specified in the rules: Provided
that the number of nominated members shall not exceed one-fifth of the total
number of members of the board: Provided
further that the existing members of the board on the notified date shall,
subject to the provisions of section 28, continue as members of the board
constituted for the first time after the notified date, until the expiry of
their existing term of office as members: Provided
also that on the constitution of the board for the first time after the
notified date, the existing office bearers of the board on the notified date
shall cease to hold office as such and new office bearers shall be elected in
accordance with the rules made under this Chapter. (2)
A
Managing Director or an Executive Officer for each apex society may be
appointed in such manner as may be prescribed. The Managing Director, if
appointed, shall be a member of the board ex-officio. (3) The Government may, by order, depute one or more
officers of the Government to attend any meetings of the board and to take part
in the discussions of the board, but such officer or officers shall not have
the right to vote. 73-K.
Membership of apex societies- Every
registered society, of such class as may be prescribed, shall, on application
made in the form, if any, prescribed for the purpose, be deemed to be admitted
as a member of the apex society on and from the date of receipt of such
application by the apex society: Provided
that any member deemed to be admitted under this section may, with the approval
of the Registrar, be removed from membership by the board; and any application
for obtaining such approval shall be made within two months from the date on
which such member is deemed to be admitted. 73-L.
Guarantee by Government of principal of, and interest on, loans and advances taken
by apex societies.- (1) The Government may, subject to such maximum amount
as may be fixed by them and subject to such conditions as they may think fit to
impose, guarantee the repayment of the principal of, and the payment of
interest on, any loan or advance taken by any apex society. (2) The Government may, after consulting both Houses of
the Legislature increase the maximum amount of the guarantee fixed by them
under sub-section (1). 73-M.
Power to make rules.- (1) The Government may make rules to carry out the
purposes of this Chapter and different provisions may be made in the rules for
different apex societies. (2) In particular and without prejudice to the
generality of the foregoing power, such rules may provide for- (i) all matters expressly required or allowed by this
Chapter to be prescribed; (ii) the classification of registered societies for the
purposes of section 73-K; (iii) the number of members to be elected to the board
and the number to be elected from each district or from each registered society
or class of registered societies; (iv) the number of members to be nominated to the board
and their qualifications; (v) the term of office of the members of the board and
their removal; (vi) all matters relating to election and nomination of
members to the board including the voters for such election and their
disqualifications and the representation for special interests not otherwise
represented in the board; (vii) the election of office bearers to the board, their
term of office and their removal; (viii) the constitution of the executive committee of the
board and the delegation of the functions of the board to the executive
committee; (ix) the manner of appointment, qualifications, powers
and functions of the Managing Director and of the Executive Officer and the
delegation of their powers and functions. 73-N.
Provisions of this Chapter to over-ride other provisions.- The
provisions of this Chapter shall have effect notwithstanding anything
inconsistent therewith contained in any other provision of this Act or in any
rule or by-law (including the by-law of any registered society) or in any other
law for the time being in force." In
clause (a) of sub-section (2) of section 96 of the principal Act, after the expression
"approval of or refusal to approve the removal of a member under the
proviso to clause (a) of sub-section (2) of section 17, the proviso to
sub-section (4) or the proviso to sub-section (5) of section 73-B", the
expression "the proviso to section 73-K" shall be inserted.
Preamble - TAMIL NADU CO-OPERATIVE
SOCIETIES (THIRD AMENDMENT) ACT, 1970PREAMBLE