The Assam Co-operative Societies (Amendment) Act, 1973

ASSAM ACT XVI OF 1973
(Received the assent of the Governor on the 30th June, 1973)
THE ASSAM CO-OPERATIVE SOCIETIES (AMEND­
MENT) ACT 1973
[Published in the Assam Gazette Extraordinary, dated the 3rd July, 1973]
An
Preamble.
A c t
further to amend the Assam Co-operative Societies  
Act, 1949.
Whereas it is expedient further to amend the Assam Assam Act I  
Co-operative Societies Act, 1949, hereinafter called o f 1950 -  
the principal Act, in the manner hereinafter appearing;
It is hereby enacted in the Twenty-fourth Year of 
the Republic of India as follows :—
Short title, 1 . (1) This Act may be called the Assam Co-opdka- 
cxtent and tive Societies (Amendment) Act, 1973.commence­
ment.
«
(2) It shall have like extent as the principal Act.
(3) It shall come into force at once.
Insertion of  
new Sections  
39A and 39B
2. After section 39 of the principal Act, the follow­
ing shall be inserted as two new sections namely :—
"39A. (1) Notwithstanding anything contained in 
this Act, the State Government may, if it is of opinion 
that the Administrative Council, the Managing Body, 
any other Committee or body of a registered society is 
not competent to perform or persistently makes default 
in the performance of the duties imposed by or under 
this Act or exceeds or abuses the powers imposed by or 
under this Act, at any time, after giving an opportunity 
of showing cause against the actions proposed, remove 
any such Council, Body or Committee.
 
 
 
 
2
(2) The State Government may, at any time, sus­
pend any such Council, Body, Committee pending its 
removal under sub-section (1) from office, if in the 
opinion of the State Government immediate action is 
necessary and the continuance of such Council, Com­
mittee or Body in office is inadvisable on any of the 
grounds on which it could be removed under sub-sec­
tion (1) or on the ground of public interest.
(3) When an Administrative Council, Managing 
Body, Committee, other body of a registered society 
is suspended under sub-section (2) the State Govern­
ment may make such arrangements as may be deemed 
necessary for discharging the duties, functions and 
obligations of the Administrative Council, Managing 
Body, Committee or other body so suspended till the 
termination of the order of suspension or, when a body 
or person is removed under sub-section (1), till the 
vacancy is filled up in accordance with the provisions 
made by or under this Act.
I
(4) Notwithstanding anything contained in this Act, 
if the term of office of any Administrative Coun­
cil, Managing Body, Committee or other body expires 
during the continuance of any order passed under sub ­
section (2) placing any such Council, Body or Com­
mittee under suspension, such Council, Body or 
Committee shall cease to function with effect from the 
date of such expiry and the arrangements made by the 
State Government under sub-section (3) w ill continue 
till the vacancies caused by such expiry are filled up 
in accordance with the provision made by or under 
this Act.
39B. (1) The State Government may, after giving 
an opportunity of showing cause, remove the Chair­
man, the Vice-Chairman, the Secretary, any other 
member or office-bearer or employee of a registered 
society from the office or membership held by him on 
any one or more of the following grounds, namely :—
(a) Doing any act in violation of the provisions 
of the Act. the rules framed thereunder, the re­
gistered bye-laws of the society and other lawful 
orders of the Government or of the Registrar of 
So-operative Societies;
(b) Doing any act which is prejudicial to the 
interest of the Co-operative movement;
(c) Misuse and defalcation of funds of the 
society;
(d) Misconduct and wilful neglect in the dis­
charge of his duties;
(e) Refusal to act or incapability of acting.

Repeal and
Savings.
3
(2) The State Government may, at any time, sus­
pend a Chairman, a Vice-Chairman, a Secretary or any 
other member, office-bearer or employee of a register­
ed society pending his removal under sub-section (1) 
if the State Government is of opinion that immediate 
actions are necessary and his continuance as such 
Chairman, Vice-Chairman, Secretary, member, office­
bearer or employee is inadvisable on any of the gro­
unds for which he may be removed under sub-section 
(1) or on the ground of public interest.
(3) When a Chairman, Vice-Chairman or any other 
member or office-bearer or employee is suspended 
under sub-section (2) of this section, the State Govern­
ment may make such arrangerfients as may be deemed 
necessary for discharging the duties, functions and 
obligations of the person so suspended till the termina­
tion of the order of susp msion or, when a person is 
removed under sub-sectic n (1) above, till the election 
or appointment of a person to the office or membership 
which was held by the person so removed.
(4) Notwithstanding anything contained in this 
Act, if the term of office of any Chairman, Vice-Chair­
man, member, other office-bearer, or employee of any 
registered society expires during the continuance of 
any order passed under sub-section (2) of this section 
placing any such person under suspension, such person 
shall cease to function with effect from the date of 
such expiry and the arrangements made by the State 
Government under sub-section (3) w ill continue till 
the vacancies caused by such expiry are filled up in 
accordance with the provisions made by or under this 
A ct.”
3. (1) The Assam Co-operative Societies (Amend­
ment) Ordinance, 1973, is hereby repealed.
Assam Ordi­
nance V  of  
1973. -
(2) Notwithstanding such repeal anything done 
or any action taken under the Ordinance so repealed, 
shall be deemed to have been done or taken, as the 
case may be, under the corresponding provisions of 
this Act. i
GP. (Leg.) No.11/73—4,500—19-7-73.
 

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