UTTAR PRADESH COOPERATIVE SOCIETIES (AMENDMENT) ACT, 1997 THE UTTAR PRADESH COOPERATIVE SOCIETIES (AMENDMENT)
ACT, 1997 [U.P.
ACT No. 1 OF 1997] (As
passed by the Uttar Pradesh Legislature) [1st May, 1997] An Act further to amend the Uttar Pradesh
Cooperative Societies Act, 1965 It
is hereby enacted in the Forty-eighth Year of Republic of India as follows :-- (1) This Act may be called the Uttar Pradesh
Cooperative Societies (Amendment) Act, 1997. (2) It shall be deemed to have come into force on April
16, 1997. In
Section 29 of the Uttar Pradesh Cooperative Societies Act, 1965, hereinafter
referred to as the principal Act,-- (a) in Sub-section (3) for the existing provisos, the following
proviso shall be substituted, namely :-- "Provided
that notwithstanding anything in this Act, the Administrator or the Committee
of Administrators appointed under this section, as it stood before the
commencement of the Uttar Pradesh Cooperative Societies (Second Amendment) Act,
1994 shall continue to exercise the powers and perform the duties of the
Committee of Management till the Committee of Management is reconstituted under
this Act or till December 31, 1997 whichever is earlier."; (b) after Sub-section (4), the following Sub-sections
shall be inserted, namely :-- "(5) (a) Where, for any reason
whatsoever, the election of the elected members of the Committee of Management
has not taken place or could not take place before the expiry of the term of
elected members, the Committee of Management shall, notwithstanding anything to
the contrary in this Act or the rules, or the bye-laws of the society, cease to
exist on the expiry of such term. (b) On or as soon as may be after the expiry of
such term, the Registrar shall appoint an Administrator or a Committee of
Administrators (hereinafter, in this section, referred to as the Committee) for
the management of the affairs of the society until the reconstitution of the
Committee of Management in accordance with the provisions of the Act, the rules
and the bye-laws of the society, and the Registrar shall have the power to
change the Administrator or, as the case may be, any member of the Committee or
to appoint a Committee in place of an Administrator or vice versa from time to
time. (c) Where a committee is appointed under Clause (b)
it shall consist of a Chairman and such other members not exceeding eight as
may be nominated by the Registrar, out of which at least two shall be
Government servants. (d) The procedure for summoning and holding of
meetings of the Committee, the time and place of holding such meetings, the
conduct of business at such meetings and the number of members necessary to
form quorum thereof shall be such as may be prescribed. (e) So long as no administrator or, as the case may
be, the Committee is appointed under Clause (b), the Secretary or the Managing
Director, as the case may be, of the society shall be in charge only of the
current duties of the Committee of Management. Explanation.--Where
results of the election of members of the Committee of Management have not been
or could not be declared, for any reason whatsoever, before the expiry of the
term of the elected members of the outgoing Committee of Management, it shall
be deemed that the election of the elected members of the Committee of
Management has not taken place within the meaning of this Sub-section. (6) ??The
Administrator or the Committee appointed under Sub-section (5) shall, subject
to any directions which the Registrar may from time to time give, have the
power to perform all or any of the functions of the Committee of Management or
of any officer of the society and shall be deemed for all purposes under this
Act, the rules and the bye-laws of the society to be the Committee of Management and the Chairman of such
Committee shall exercise the powers and perform the functions of the Chairman
of the Committee of Management. (7) ??The
Administrator or the Committee, as the case may be, appointed under Sub-section
(5), shall as soon as may be, but not later than the expiry of one year from
the date of appointment, arrange for the reconstitution of the Committee of
Management in accordance with the provisions of this Act, the rules and the
bye-laws of the society to take over the management of the society from the
Administrator or the Committee, as the case may be : Provided
that where an Administrator is replaced by a Committee or a Committee by an
Administrator as provided in Clause (b) of Sub-section (5), the period of one
year shall count from the date the Administrator or the Committee, as the case
may be, was originally appointed. Explanation.--Notwithstanding
that the process of election may have commenced before the appointment of
Administrator or the Committee under Sub-section (5) a fresh process of
election shall commence after such appointment.". In
Section 35 of the principal Act,-- (a) in Sub-section (1) the following proviso shall be
inserted, namely :-- "Provided
that where under the prescribed circumstances it is not, feasible to convene a
general meeting of the general body of the society, the Registrar may dispense
with the requirement of obtaining the opinion of the general body of the
society."; (b) in Sub-section (2) the second proviso shall be
omitted; (c) in Sub-section (3),-- (i) for the words "for a period not exceeding six
months" the words "for a period not exceeding one year" shall be
substituted; (it) before the existing proviso the following proviso shall be
inserted, namely :-- "Provided
that the Registrar may, with the previous approval of the State Government,
extend from time to time the period of super session, so however, that any
single extension does not exceed six months and the total extension does not
exceed one year.". Notwithstanding
anything contained in the principal Act, the Administrator or the Committee of
Administrators appointed under Section 29 of the principal Act and exercising
the powers, performing the functions and discharging the duties of the
Committee of Management immediately before the commencement of this Act shall
be deemed to have validity continued to be appointed as Administrator or
Committee of Administrators until another Administrator or Committee of
Administrators is appointed or the Committee of Management is reconstituted
under the aforesaid section and anything done or any action taken by such Administrator
or the Committee of Administrators on or after December 31, 1995 shall be valid
as if the provisions of the principal Act as amended by this Act were in force
at all material times. (1) The Uttar Pradesh Cooperative Societies (Amendment)
Ordinance, 1997(U.P. Ordinance No. 1 of 1997) is hereby repealed. (2) Notwithstanding such repeal, anything done or any
action taken under the provisions of the principal Act, as amended by the
Ordinance referred to in Sub-section (1), shall be deemed to have been done or
taken under the corresponding provisions of the principal Act as amended by
this Act as if the provisions of this Act were in force at all material times.
Preamble - THE UTTAR PRADESH
COOPERATIVE SOCIETIES (AMENDMENT) ACT, 1997PREAMBLE