U.P. CO-OPERATIVE SOCIETIES (SECOND AMENDMENT) ACT, 2007

U.P. CO-OPERATIVE SOCIETIES (SECOND AMENDMENT) ACT, 2007

(U.P. Act 46 of 2007)

Received the assent of the Governor on December 9, 2007 and published in the Uttar Pradesh Gazette, Extraordinary, Part 1, Section (Ka), dated 10th December, 2007, pages 4-7.

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

It is hereby enacted in the Fifty-eighth 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, 2007.

(2) It shall be deemed to have come into force on September 5, 2007.

Object & Reasons

Statement of Objects and Reasons. - Section 29 of the Uttar Pradesh Co-operative Societies Act, 1965 (U.P. Act 11 of 1966) inter alia provided that the term of every Committee of Management shall be five years and the term of elected members of the Committee of Management shall be co-terminous with the term of such Committee and the Registrar may extend the term of the outgoing Committee of Management for a period up to six months where for any extraordinary circumstances the elections of the members of the Committee of Management has not been, or could be completed. It has been felt that due to the term of the Committee being long the misuse of power and administrative and financial irregularities were increasing. It was, therefore, decided to amend the said Act to provide for reducing the term of Committee of Management and the members thereof from five years to two years and empowering the Registrar to postpone an election where he is satisfied that circumstances exist which render it difficult for him to hold the election on the date fixed therefore and to appoint an administrator or Committee of Administrators after the expiry of the term of the Committee of Management of which the election of the elected members has not taken place or could not take place for any reason whatsoever.

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, 2007 (U.P. Ordinance 34 of 2007) was promulgated by the Governor on September 5, 2007.

This Bill is introduced to replace the aforesaid Ordinance.

[Section 2, Incorporated in the principal Act]

3. Repeal and Saving. - (1) The Uttar Pradesh Co-operative Societies (Second Amendment) Ordinance, 2007 (U.P. Ordinance 34 of 2007) 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.