LexThe Kerala State Handloom Weavers' Co-operative Society(Special Provisions)Act,1960-6of1960
Kerala · state statute
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TH£ KERU.~ STATE H \NDLOOM W~AVERS' CO-OPERATIVE
SOCIETY (SPECIAL PROVISIONS) ACT, 1960
(Act 6 of 1960)
·.
CONTENTS
Sections .
1. Short title, extent and commencement.
2. Definitions.
3. Formation of the Kerala State Handloom Weavers' Co-
operative Soc.iety.
4. Provisions of the Madras Act to govern in certain matters,
5. Power to make rules for fac1litahng amalgamation.
6. Power to remove difficulties.
ACT 6 OF 1960•
THE KERALA STATE HANDLOOM WEAVERS'
CO-OPERATIVE SOCIETY (SPECIAL PROVISIONS)
ACT, 1960
An Act to make special provisions for the formation. of the
Kerala State HandZoom Weavers' Co-operative Society.
Preamble.-W.liEREAS 1t is deemed necessary to make special
provision~ for the formation of the Kerala State Handloom
Weavers' Co-operative Society;
BE Jt enacted in the Eleventh Year of the Republic of India
as follows:-
!. Short title, eztent and commencement .-(1) This Act may
be called the Kerala State Handloom Weavers' Co-operative
Society (Special Provisions) Act, 1950.
(2) It extertds to the whole of the State of Kerala .
(3) It shall come into force on such date as the Govern-
ment may, by notification in the Gazette, appoint. ..
2. Definitions.-In this Act, unless the context otherwise
requires, -
( I) •'Madras Act' ' means the Madras Co-operative Societies
Act, Ut32, as m force in Malabar;
(2> ''Ma1a1>ar" means the Malabar district referred to m
:: uh-section (2) of sect10n ~ of t!ie States Reorganisation Act,
1956 (Central Act 37 of 1956) ; •
(3) ''Travancore.Cochin Act' ' means the Travancore-Cochiu
Co-operatlVe Societies Act, 1951;
(4) uKozh1kode Society" means the Kerala Handloon
Weavers' Co-operative Society , Limited, No.142, Kozhikode;
- •Publuhed iD the Gazette Extnordmary dated 1 uh April, 1960,
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(5) "Trichur Society'' means the Cochin Central Co-opera.
tive Cottage Industries Marketing Society, Liruited, No. 401.
Trichur;
(6) ''Trivandrum Society" means the Travancore Sree
moolam Handloom Weavers' Central Co-operative Society,
Limited, No. 508, Trivandrum ;
(7J "Regi~trar'' means the R~g1strar of Co-operative Socie
ties appointed under section 3 of the Travancore-Cochin Act;
(8) "State" means the State of Kerala.
3. Formation of the Kerala State Handloom Weavers' Co
operatwe Society -Notwithstanding anything to the contrary
contained m the Madras Act or the Travancore-Cochm Act.-
(1) where the Tr1chur Society divide s itself mto a handloom
weavers' co-operative society and one or more other co-operath•e
sodety or societies, and the Tnvandrum Society is reconstituted
or reorganised under section SA of the Multi-Unit Co-operative
Societies Act. 1942 (Central Act 6 of 19t2) . then it shall be law
ful for-
(i) the handloom weaver s' co-operative society formed
by the division of the Trichur Society;
(ii) the co-operative society formed by the reconstitution
or reorganisation of the Trivandri.m Society and
functioning m the State ; and
(iii) the Kozhikode Society,
to amalgamate as a single co-operative socie ty in accordance
with the procedure specified in sub-section ( 1) of Section 16 of
the Travancore-Cochin Act, and for the purpose of such amal
gamadon the Kcizhikode Society shall be deemed lo be a co
operative society registered unde.r the Travanc ore -Cochin Act;
(2) if for any reason Lhe amalgamation of the three socie
ties aforesaid does not take place within three months of t e
cornrrtencement of this Act or within such further time as m~y
be allowed by the Rer;1strar in this behalf and the R<>gistrar
is of opinion that the amalgamation of the thr~e societies is
necessary or desirable for increa sing their strength or useful
nt"sS, he may, after consulting, in the manner prescribed by rules
made by the Gover-nm~nt, the fir.ancmg banks to which
the societies are indehtt::d, call upon such societies to am:ilga
mate within such time as may be specified by him into one
c:o-operative society in accordance with the procedure specified
in sub-section (1) of section 16 of the Tra"ancore-Cochin Act;
(3) if the societies fail to amalgamate into one society
within the time specified by the Registrar, he may, after givmg
an opportunity 1o the Commi~ee of each of the s\lc1e,ies to stale
its objections, 1f any, direct lhe a malgamation of the societies
into one socie•y and thereupon the provi!.1ons of c1auses (m) to
(vii), both inclusive, of sub-section (lA'• of sec1ion 16 of the
Travancore-Cuchm Act shall apply in respec t of the a1C.algama
t1on of the said societies;
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Provided that the first bye-laws of the co-operative society
formed by the amalgamation of the three soc1et1es in pursuance
of this clause shall be mad<! by the Registrar and he shall
forward a copy of the said bye-1aws to the comauttee of each
of the societies when giving it ·opportun1ty under this clause
to state its objections, if any, in i·egard to the proposed
ama1gamation;
(4)'the co-operative society f~rmed by the amaJgamatio~
of the th1 ee co-operative societies m pursuance of clause (1),
clause (2) or clause (3) shall be registered as a co-operative
society under the Travancore-Cochin Act and it shall- be called
the Kerala State Handloom Weavers' Co-operative Society.
hereinafter referred to as the Apex society;
(5) the area of operation of the Apex society shall be the
whole ~tate; · •
(6) any handloom weavers' co-operative society rPgic:;tered
or deemed to be registered under the Madras Act and having
its area of operation in Malabar shall be entitled to become
a m~mber of the Apex society in accordance with and subject
to the provisions of the Travancore-Cochin Act, the rules made
thereunder and the bye-laws of the Apex society, as if such
handloom weavers ., co-operative society were a co-operative
society registered under the Travancore·Cochin Act;
(7) where a handloom weavers' co-operative society regis
tered or deemed to be registered under the Madras Act be·
comes a member of the Apex society, whether consequent
on the amalgamation or under clause (6), the rights and hab1li
ties of that member society as such me111ber and thr rights
and liabiliues of the Apex society in its relation to such mem
ber society, shall be governed by the provisions of the Travan
core-Cochin Act. the rules made thereunder and the bye-laws
o{ the Apex society;
and for the purposes afore$aid the Travancore-Cochin Act
shall be deemed to ext nd to the whole State.
4. Provisions of the Madras Act to govern in certain mai
ters.-Save as otherwise prvvided in section 3, the rights and
liabilities of a society registered or deemed to be registered
under the Madra s Act, which has become a member of the Avex
socie1y, whether consequent on the amalgamation or under
clause (6) of section 3, shall continue to be governed by the
provisions of the Madras Act, the rules made thereunder and
the bye-laws of that society.
5. Power to make rules /or facilitating amalgamation.-(!)
The Government mav, by notification in the Gazette, make rules
providing for such incidental consequential or supplementary
matters a::. m their opinion are neces ::.ary for fully and ~flf'c·
tually carrying out the purposes of this Act.
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(2) ·All irules rmade under this •Act .shall be laid for not
less thanse-,en days before the Legislative Assembly, as soon
l8!J possible .after they are made . and shall be subject to such
mo<'ifications, .w!:ether by way ,o[ repeal or amendment, as
.the ·Legislative ·Assembly :may make duril)g tht- bession in
.which they are so laid or the Session immediately following.
6. Power to remove difficulties.-If any difficulty arises in
,giving.effect to the.pro¥isions of this.Act, the Government may,
as occasion .may require. do anything, not inconsi stent with
such provisions, which Jppears to . them to be necessary for the
.purpose of,zemovUfg the difficulty.
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