U.P. CO-OPERATIVE SOCIETIES (SECOND AMENDMENT) ACT, 2003

U.P. CO-OPERATIVE SOCIETIES (SECOND AMENDMENT) ACT, 2003

(U.P. Act 10 of 2003)

Received the assent of the Governor on December 16, 2003 and published in the Uttar Pradesh Gazette, Extraordinary, Part 1, Section (Ka), dated 17th December, 2003, pages 3-5.

An Act further to amend the Uttar Pradesh Co-operative Societies Act, 1965.

It is hereby enacted in the Fifty-fourth Year of the Republic of India as follows:-

1. Short title and commencement. - (1) This Act may be called the Uttar Pradesh Co-operative Societies (Second Amendment) Act, 2003.

(2) It shall be deemed to have come into force on May 30, 2003.

Object & Reasons

Statement of Objects and Reasons. - With a view to ensuring effective and optimum payment/utilisation of paid up shares of the State Government, loans and Government guarantees it was decided to amend the Uttar Pradesh Co-operative Societies Act, 1965 (U.P. Act 11 of 1966) to provide for vesting of power in the concerned Registrar of transferring assets and liabilities in whole or in part of a cooperative sugar mill in which the majority of the shares are held by the State Government, and which has become sick and there is no possibility of rehabilitating it and for empowering the State Government to make rules and to give directions to the Registrar with respect thereto.

Since the State legislature was not in session and immediate legislative action was necessary to implement the aforesaid decision, the Uttar Pradesh Co-operative Societies (Second Amendment) Ordinance, 2003 (U.P. Ordinance 15 of 2003) was promulgated by the Governor on May 30, 2003.

The replacing Bill of the aforesaid Ordinance could not be introduced in the session of the State Legislature commenced on September 2, 2003 due to unavoidable reasons. Since the enforcement of the aforesaid Ordinance was to expire on expiry of the period of six weeks from the commencement of the session of the State Legislature i.e. after October 13, 2003, it was decided to replace the aforesaid Ordinance by another Ordinance.

Since the State Legislature was not in session and immediate legislative action was necessary to implement the aforesaid decision, the Uttar Pradesh Co-operative Societies (Second Amendment) (Second) Ordinance, 2003 (U.P. Ordinance 23 of 2003) was promulgated by the Governor on October 13, 2003.

This Bill is introduced to replace the aforesaid Ordinance 23 of 2003.

[Section 2, Incorporated in the principal Act]

3. Repeal and savings. - (1) The Uttar Pradesh Co-operative Societies (Second Amendment) (Second) Ordinance, 2003 (U.P. Ordinance 23 of 2003) 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) or by the Uttar Pradesh Co-operative Societies (Second Amendment) Ordinance, 2003 (U.P. Ordinance 15 of 2003) shall be deemed to have been done or taken under the corresponding provisions of the principal Act as amended by this Act as if this Act were in force at all material times.