Back
TAMIL NADU CO-OPERATIVE SOCIETIES (APPOINTMENT OF SPECIAL OFFICERS) ACT, 1976
TAMIL NADU CO-OPERATIVE SOCIETIES (APPOINTMENT OF SPECIAL OFFICERS) ACT, 1976.
No. 25 of 1976
Enacted by the President in the Twenty-seventh Year of the Republic of India.
An act to provide for the appointment, in the public interest, of Special Officers for certain categories of co-operative societies in the State of Tamil Nadu.
WHEREAS it is expedient to provide for the appointment of Special Officers for certain categories of co-operative societies for a limited period in the public interest for the purpose of safeguarding the interests of the members or depositors, for ensuring the proper utilization of the amounts guaranteed by the Government, and for improving the efficiency of the administration of such societies;
NOW, THEREFORE, in exercise of the powers conferred by section 3 of the Tamil Nadu State Legislature (Delegation of Powers) Act, 1976, the President is pleased to enact as follows:-
1. Short title, extent and commencement. –
(1) This Act may be called the Tamil Nadu Co-Operative Societies (Appointment of Special Officers) Act, 1976.
(2) It extends to the whole of the State of Tamil Nadu.
(3) It shall be come into force on such date as the Government may, by notification appoint and different dates may be appointed for different categories of scheduled co-operative societies.
2. Defination.-
In this Act, unless the context otherwise requires,-
(a) “appointed day” in relation to any category of scheduled co-operative societies, means the date appointed by the Government under sub-section (3) of section 1 in relation to such category of schedule co-operative societies:
(b) “Co-operative Societies Act” means the Tamil Nadu operative Societies Act, 1961;
(c ) “Government” means the State Government;
(d) “Schedule” means the Schedule to this Act;
(e) “Schedule co-operative society” means any co-operative society specified in Part A, Part B or Part C of the Schedule and any other co-operative society included in that Schedule under Section 8;
(f) words and expressions used and not defined in this Act but defined in the Co-operative Societies Act shall have the meaning respectively assigned to them in that Act.
3. Term of office of members of committee or board of scheduled co-operative societies to expire on the appointed day.-
Notwithstanding anything contained in the Co-operative Societies Act, or in the Tamil Nadu Co-operative Land Development Banks Act, 1934 or in any other law for the time being in force, the term of office of the members of the committee or the board, as the case may be, of every scheduled co-operative society including its president and vice-president,or chairman and vice-chairman, as the case may be, holding office as such immediately before the appointed day shall expire on the appointed day and the members shall vacate their office on and from such day.
4. Appointment of Special Officers for scheduled co-operative societies.-
(1) Notwithstanding anything contained in the Co-Operative Societies Act, or in the Tamil Nadu Co-operative Land Development Banks Act, 1934 or in any other law for the time being in force, on and from the appointed day, the Government shall appoint a person as Special Officer for each scheduled co-operative society for such period or periods not exceeding [Twenty one years and five months]
1. Three years substituted by Act 34/78.
Three years and six months substituted by Act 38/79.
Four years and six months substituted by Act 48/79
Five years substituted by Act 4/81.
Six years substituted by Act 52/81.
Seven years substituted by Act 45/82.
Seven years and six months substituted by Act 25/83.
Eight years and three months substituted by Act 4/84.
Nine years and three months substituted by Act 12/85.
Ten years and ten months substituted by Act 15/86.
Eleven years and ten months substituted by Act 5/87.
Twelve years and four months substituted by President Act for T.N. Act 23/88.
Thirteen years and four months substituted by President Act for T.N. Act 23/88.
Fourteen years and one months substituted by Act 35/89.
Fourteen years and eleven months substituted by Act 3/90.
Fifteen years and eleven months substituted by Act 23/91.
Sixteen years and five months substituted by Act 17/92.
Seventeen years and eleven months substituted by Act 18/93.
Eighteen years and eleven months substituted by Act 23/94.
Nineteen years and eleven months substituted by Act 8/95.
Twenty years and five months substituted by Act 12/96.
Twenty years and eleven months substituted by Act 6/97.
Twenty one years and five months substituted by Act 25/97. In the aggregate as may be specified by the Government from time to time.
(2) The Special Officer appointed under sub-section (1) shall, subject to the control of the Registrar and to such directions as he may, from time to time, give have power to exercise all or any of the functions of the Committee or the board, as the case may be, or of any officer of the scheduled co-operative society and to take such action as may be required in the interest of such scheduled co-operative society.
(3) The Government may fix the remuneration payable to the special Officer appointed under sub-section (1) and the amount of remuneration so fixed, and such other expenditure incidental to the management of the scheduled co-operative society as may be approved by the Registrar, shall be payable from the funds of such scheduled co-operative society.
(4) The Special Officer appointed under sub-section (1) shall arrange for the constitution of a new committee or board, as the case may be, in accordance with the provisions of the Co-operative Societies Act or the Tamil Nadu Co-operative Land Development Banks Act, 1934, as the case may be, and the rules made thereunder and the bye-laws of the scheduled co-operative society so that the new committee or board, as the case may be, may be constituted and the members thereof come into office at the expiry of the period of appointment of the Special Officer.
5. Co-operative Societies Act and rules made thereunder to apply to Special Officer.-
Except as otherwise provided in section 4, the provisions of the Co-operative Societies Act and the rules made thereunder shall apply in relation to a Special Officer appointed under sub-section (1) of that section as they apply in relation to Special Officer appointed under sub-section (1) of section 72 of the Co-operative Societies Act.
6. Delegation of powers of Government.-
(1) The Government may, by notification, authorize the Registrar to exercise any of the powers vested in them under section 4 in respect of any scheduled co-operative society.
(2) The exercise of any power delegated under sub-section (1) shall be subject to such restrictions and conditions as may be specified in the notification and subject also to control and revision by the Government.
7. Protection of action taken in good faith.-
(1) No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act.
(2) No suit or other legal proceedings shall lie against the Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act.
8. Power to amend Schedule.-
(1) The Government may, by notification, from time to time, include in Part A, Part B or Part C, as the case may be, of the Schedule, any co-operative society falling under the respective category.
(2) All references made in this Act to the Schedule shall be construed as references to the said Schedule as for the time being amended in exercise of the powers conferred by this section.
THE SCHEDULE
[See sections 2 (d) and (e) and 8]
PART A.
Category of Apex Societies.
1. Tamil Nadu State Co-operative Bank Limited, Madras.
2. Tamil Nadu Co-Operative State Land Development Limited, Madras.
3. Tamil Nadu Co-Operative Union Limited, Madras.
4. Tamil Nadu Co-operative Marketing Federation Limited, Madras.
5. Tamil Nadu Consumer’s Co-operative Federation Limited. Madras.
6. Tamil Nadu Co-operative Housing Society Limited, Madras.
7. Tamil Nadu State Industrial Co-operative Bank Limited, Madras.
8. Tamil Nadu State Oil and Allied Products Co-operative Marketing Federation Limited, Madras.
9. Tamil Nadu State Palmgur and Fibre Marketing Co-operative Federation Limited, Madras.
10. Tami Nadu State Federation of Co-operative Sugar Factories Limited, Madras.
Included in the Schedule as per G.O. Ms. No. 235, Handlooms Textiles Khadi (G1) dated 1.9.1987. vide Notification No. 1 / (2) / HTK / 5063 (i-1)/87 Published in Part II Sec. 2 Extraordinary No.552. 11. Tamil Nadu State Silk Producers Industrial Co-Operative Marketing Federation Limited, Kancheepuram,
PART B
Category of Central Societies to which the provisions for Chapter IX-B of the Tamil Nadu Co-operative Societies Act, 1961 are made applicable by notification under section 73-I of that Act.
1. Primary Land Development Banks.
2. Co-Operative Marketing Societies (except the Marketing Societies for Hill Tribes).
3. Co-operative Printing Presses.
4. Co-operative Trading Institutes.
5. District Co-operative ;Supply and Marketing Societies.
6. Co-operative Wholesale stores.
7. District Co-operative Unions.
8. Central Co-operative Banks.
9. District Co-operative Agro-Service Societies / Centres.
PART C
Other Categories of Societies
1. Co-operative Milk Supply Unions.
2.Fishermen Co-operative Federations.
3. Co-operative Sugar Mills.
4. Co-operative Spinning Mills.
The following Act of the Tamil Nadu Legislature received the assent of the Governor on the 2nd June 1979 and is hereby published for general information:-
ACT NO. 38 OF 1979.
An Act further to amend the Tamil Nadu Co-operative Societies
(Appointment of Special Officers) Act, 1976.
Be it enacted by the Legislature of the State of Tamil Nadu in the Thirtieth Year of the Republic of India as follows:-
1. Short title.- This Act may be called the Tamil Nadu Co-operative Societies (Appointment of Special Officers) Amendment Act,. 1979.
2. Amendment of president’s Act 25 of 1976.- Incorporated in the Main Act.
ACT No. 48 of 1979.
An Act further to amend the Tamil Nadu Co-operative Societies
(Appointment of Special Officers) Act, 1976.
BE it enacted by the Legislature of the State of Tamil Nadu in the Thirtieth year of the Republic of India as follows:-
1. Short title.- This Act may be called the Tamil Nadu Co-operative Societies (Appointment of Special Officers) Second Amendment Act, 1979.
2. Amendment of President’s Act 25 of 1976. – Incorporated in the Main Act.
ACT NO.23 OF 1980
An Act further to amend the Tamil Nadu Co-operative Societies
(Appointment of Special Officers) Act, 1976.
BE it enacted by the Legislature of the State of Tamil Nadu in the Thirty First year of the Republic of India as follows:-
1. Short title and commencement.-
This Act may be called the Tamil Nadu Co-operative Societies (Appointment of Special Officers) Amendment Act, 1980.
This Act has not yet been brought into force. (2) It shall come into force on such date as the State Government may, by notification, appoint.
2. Amendment of long title of, and preamble to, president’s Act 25 of 1976.-
In the long title of, and the preamble to the Tamil Nadu Co-operative Societies (Appointment of Special Officers) Act, 1976 (President’s Act 25 of 1976) (Hereinafter referred to as the principal Act), for the expression “Special Officer” in both the places where it occurs, the expression “managing committees” shall be substituted.
3. Amendment of Section 1, President’s Act 25 of 1976.-
In sub-section (1) of section 1 of the principal Act, for the expression “Special Officers” the expression “Managing Committees” shall be substituted.
4. Amendment of Section 4, President’s Act 25 of 1976.-
In section 4 of the principal Act,-
(1) in the marginal heading for the expression “Special officers” the expression “managing committees” shall be substituted:
(2) for sub-section (1), the following sub-section shall be substituted, namely:-
“(1) (a) Not withstanding anything contained in the Co-operative Societies Act, or in the Tamil Nadu Co-Operative Land Development Banks Act, 1934 (Tamil Nadu Act X of 1934) of in any other law for the time being in force, on land from the date of commencement of the Tamil Nadu Co-Operative Societies (Appointment of Special Officers) Amendment Act, 1980, the Government shall appoint a managing committee consisting of not more than nine members for each scheduled co-operative society for such period or periods not exceeding two years in the aggregate as may be specified by the Government, from time to time.
(b) The managing committee shall consist of both officials and non-officials.
(C ) The Government shall appoint one of the members of the managing committee as the Chairman thereof.
(d) The managing committee shall manage the affairs of every scheduled co-operative society.”
(3) in sub-sections (2), (3) and (4), for the expression “Special Officer” wherever it occurs, the expression, “managing committee” shall be substituted.
5. Amendment of section 5, President’s Act 25 of 1976.-
In section 5 of the principal Act, for the expression ‘Special Officer’ wherever it occurs, the expression “managing committee” shall be substituted.
6. Special Officers to cease to hold office.-
(1) Notwithstanding anything contained in the principal Act, every Special Officer appointed under sun-section (1) of section 4 of the principal Act and holding office as such immediately before the date of commencement of this Act shall cease to hold office and be deemed to have vacated his office on and from the date of commencement of this Act.
(2) Anything done or any action taken by the Special Officer in pursuance of the powers conferred on him by sub-section (2) of section 4 of the principal Act, before the date of the commencement of this Act, shall be deemed to have been done or taken by the managing committee concerned in pursuance of the powers conferred on it by sub-section (2) of section 4 of the principal Act as amended by this Act.
Act No. 4 of 1981.
An Act further to amend the Tamil Nadu Co-Operative Societies
(Appointment of Special Officers) Act, 1976
BE it enacted by the Legislature of the State of Tamil Nadu in the Thirty-second Year of the Republic of India as follows:-
1. Short title and commencement.-
(1) This Act may be called the Tamil Nadu Co-Operative Societies (appointment of Special Officers) Amendment Act, 1981.
(2) It shall be deemed to have come into force on the 6th day of December 1980.
2. Amendment of President’s Act 25 of 1976.-
Incorporated in the Main Act.
3. Repeal and saving.-
(1) The Tamil Nadu Co-Operative Societies (appointment of Special Officers) Second Amendment Ordinance, 1980 (Tamil Nadu Ordinance 13 of 1980), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act as if this Act had come into force on the 6th day of December 1980.
Act No. 52 of 1981
An Act further to amend the Tamil Nadu Co-operative Societies
(Appointment of Special Officers) Act, 1976.
BE it enacted by the Legislature of the State of Tamil Nadu in the Thirty-second year of the Republic of India as follows:-
1. Short title and commencement.-
(1) This Act may be called the Tamil Nadu Co-operative Societies (Appointment of Special Officers) Second Amendment Act, 1981.
(2) It shall be deemed to have come into force on the 4th day of June 1981.
2. Amendment of section 4, President’s Act 25 of 1976.-
Incorporated in the Main Act.
3. Repeal and saving.-
(1) The Tamil Nadu Co-operative Societies (Appointment of Special Officers) Second Amendment Ordinance, 1981 (Tamil Nadu Ordinance 5 of 1981 ), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act as if this Act had come into force on the 4th day of June 1981.
The following Act of the Tamil Nadu Legislature received the assent of the Governor on the 22nd September 1982 and is hereby published for general information:-
ActNo.45 of 1982
An Act further to amend the Tamil Nadu Co-Operative Societies
(Appointment of Special Officers) Act, 1976.
BE it enacted by the Legislature of the State of Tamil Nadu in the Thirty- third year of the Republic of India as follows:-
1. Short title and commencement.-
(1) This Act may be called the Tamil Nadu Co-operative Societies (Appointment of Special Officers) Amendment Act. 1982.
(2) It shall be deemed to have come into force on the 3rd day of June 1982.
2. Amendment of section 4, President’s Act 25 of 1976.-
Incorporated in the Main Act.
3. Repeal and saving.-
(1) The Tamil Nadu Co-operative Societies (Appointment of Special Officers) Amendment Ordinance, 1982 (Tamil Nadu Ordinance 3 of 1982), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Act.
The following Act of the Tamil Nadu Legislature received the assent of the Governor on the 24th May 1983 and is hereby published for general information :-
Act No.25 of 1983.
An Act further to amend the Tamil Nadu Co-operative Societies
(appointment of Special Officers) Act, 1976
BE it enacted by the Legislature of the State of Tamil Nadu in the Thirty- fourth year of the Republic of India as follows:-
1. Short title and commencement.-
(1) This Act may be called the Tamil Nadu Co-operative Societies (Appointment of Special Officers) Amendment Act. 1983.
(2) It shall come into force at once.
2. Amendment of section 4, President’s Act 25 of 1976.-
Incorporated in the Main Act.
Act No.4 of 1984.
An Act further to amend the Tamil Nadu Co-operative Societies
(appointment of Special Officers) Act, 1976
BE it enacted by the Legislature of the State of Tamil Nadu in the Thirty- fifth year of the Republic of India as follows:-
1. Short title and commencement.-
(1) This Act may be called the Tamil Nadu Co-operative Societies (Appointment of Special Officers) Amendment Act. 1984.
(2) It shall be deemed to have come into force on the 8th December 1983.
2. Amendment of section 4, President’s Act 25 of 1976.-
Incorporated in the Main Act.
3. Repeal and saving.-
(1) The Tamil Nadu Co-operative Societies (Appointment of Special Officers) Second Amendment Ordinance, 1983 (Tamil Nadu Ordinance 15 of 1983), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Act.
