The Manipur Co-Operative Societies (Fifth Amendment) Act, 2013

GOVERNMENT OF MANIPURSECRETARIAT: LAW & LEGISLATIVE AFFAIRS.D E P A R T M E N T
.NOTI FICATION
Imphala the 23th July, 2013
iigifii/fflé £333”:$1“?ng Actof the Legislature, Manipur which receivedGazette: ' m“ 0 amp“r on 22 July, 2013 1s hereby published in the-Official
THE MANIPUR CO-OPERATIVE SOCIETIES(FIFTH AMENDMENT) ACT, 2013(MANIPUR ACT NO. 9 OF 2013)
AN ,
ACT
. further to amend the Manipur Co—operatz've Societies Act, 1976 '(Mam'pur Act N0. '14
‘ " of1976) ‘
Be it enacted by the Legislature ofManipurfiin the Sikty Fourth year of the Republic
of India as follows: . ‘ “ '
1. Short title and commencement. (,1) This Act may be called the Manipur C9—
operative Societies (Fifth Amendment) Act,'2013.
(2) It shall come into force on such date as the State Government may, by
notification in the Official Gazette, appoint. ‘
2. Amendment of section 2. - In section 2 of the Manipur Co-operative Societies
Act, 1976 (hereinafter ”referred to as the Principal Act) —
(i) in clause (1a), for the words “a co—operative society”, the words “a State "
level cO—operative society” shall be substituted;
(ii) after clause (3), the following clause (3A) shall be inserted, namely, —
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“(3A). “Board” means the board of directors or the governing body of a co-g ~
operative society, by whatever name ca11ed, to which the direction and control of the
management of the affairs of a society is entrusted to;”;
(iii) in clause (11), for the words and figures “30th day of June”, the words and
. figures “315‘day of March” sha11 be substituted;
(1V) after clause (20b), a new clause (20c) shall be inserted, namely, —
“(200) “Multi State Co-operative Society" means a co-operative society With.
obj eets not confined to one State and registered or deemed to be registered under any
law for the time being in aferce relating to such co—operatives;’.’; ’
(v) for clause (21), the following shall be substituted,name1y,—
“(21) “Officer” means a person appointed by a co--operative society to any
office of such society according to its bye—1aw;”;
(vi) after clause (21), the following new c1ause(21A) shall be inserted-
. namely, — ' A 11,.
“(21A). ‘fOffice bearer” means a President, Vice—President, Chairperson, Vice—i ‘
Chairperson, Secretary or Treasurer of a co—operative societyand includes any other
person to be elected by the board of anyco—operative society;”;
3. Insertion of new sectiOn 32 A.- After section 32 of the Principal Act, the
following new section 32A shall be inserted, namely,-
“32 A. Education and training to the members.- Manipur State Co-operative '
, Union shall provide co-operative education and training to the members of co— '
operative societies in the.State;”;
4. Amendment of section 73,? In section 73 of the Principal Act, (i) for sub.~
section (2), the following shall be substituted, namely, -
“The term of office of the elected members of the board and its office bearers V
sha11be five years from the date of election anti the term of the office bearers shall be ' ;
co-terrninous with the term of the board. Nb member shall hold office of the director
-or governing body beyond three terms consecutively. 2
Provided that if the term of the Board is superseded or dis‘selved it shall be”
taken that the Board held its fu11 term. This shall apply to elected Boards only.
(3).
Provided further that the period of management of the nominated Board, orAdministrator or Board ofAdmimstrators as the case may be under this Act shall notbe counted as a term.”
(11) for sub—section (3), the following shall be substituted, namely,- ,(3)(1) “The election of a Board of a co-operative society shall be conducted befOre_ one month ofthe expiry ofthe term ofthe Board so as to ensure that the newly elected I Imembers of the Board assume office immediately on the expiry of the office of 1members of the outgoing Board”. ‘
(2) “The superintendence, direction and control of the preparation of electoral "rolls for, and the conduct of, all elections to Cooperative Societies, shall vest to the-Registrar of Co--operative Societies.
Provided that the procedures and the guidelines for conduct ofsuch elections shallI be prescn'bed by the State Government. '
V 5. I Amendment of_ section 73 A.- In section 73A of the Pn'ncipal Act, - '
(i) for sub-section (1), the following shall be substituted, namely,-
“(1) TheBoard of a co-operative society shall be constituted with such number , .'as may be specified by rules and bye-laws of the society;
Provided that the maximum number ofDlrectors of the Board shall not exceed .‘_ twenty one; ‘
Provided further that one seat for scheduled castes or scheduled tribes, andtwo seats for women and one seat for small farmers shall be reservedIn the Board ofa 'co-operative society consisting of1nd1v1duals as members and having members from Isuch class or category ofmembers
Provided also that the Board may fill a casual vacancy on the Board bynomination out ofthe same class ofmembers1n respect ofWhlch the casual vacancy
had ansen 1f the term of the Board15 less than half of1ts on'ginal term.
Provided also that the representatives of the employees and workers of the co— 1operative society be included1n the Board as may be provided by the rules and bye-1aws of such society””
(11) For clause (a) of sub—section (1B), the following shall be substituted, namely - - - V
(a) “Persons having experience 111 the field of banking, management, finance or
specialization1n any other field related to the obj ects and actlvities undertaken by the
_(4)_
co-operative society may be co-opted as members of the Board upto a maximum of ’two in addition to the number ofBoards specified in the bye-law;
Provided that such co-opted professional members of the Board besides thenormal number of the Board, shall have no right to vote in any election of the co— 'operative society in their capacity as such members or to be eligible to be elected as
' office bearers of the Board;
Provided also that the functional directors of a co—operative society shall";_’ also be the members 'of the Board and such members shall be excluded for the: purpose of counting the total number of Directors specified in section 73 A (1).”.
. 6. Amendment of section 751— In section 75 of the Principal Act, (1) For sub— Isection (1), the following shall be substituted, namely,-
“( 1) 'Every co-operative soc1ety shall, within a period of six months of the_ Close of financial year, call an- annual general meeting of its members;
Provided that ifin the opinion ofthe Registrar such meeting is not called by thesociety within the period specified, the Registrar or any person authorised by himmay'call such meeting in the manner prescribed, and that meeting Shall be deemed to , ,i _ be a general meeting duly called by the society”;
(ii) in sub~section (5), the words “or, as the case may be, the extended period”,
shall be deleted;
(111) after sub-section (7) ofsection 75, the following new sub—section (8) shall be
inserted, namely - -
“(8). Every member. of a co-operative society shall attend at every generalbody'meeting of the society where he is a member and if fails to attend consecutively
_ at least two general body meetings of the society he shall automatically cease to be amember of the soc1ety”. V
7. Amendment of section 78. - for sub—section (1) ofsection 78 of the Principal
. Act, the following shall be substituted, namely, —
(1) “If in the opinion of the Registrar, the Board of any co—operative society,
(1) persistently makes default or is negligent in the performance of duty imposed _. on it; or
(ii) willfully disobeys directions issued by the Registrar for the purposes ofsecuring proper implementation of the co—operative production and the development
programmes approved or undertaken by the Government; or
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(iii) commits any act which is prejudicial in the interest of the society or itsmembers; or
'
(1v) there is stalemate in the constitution or functioning of the society; or
(v) has failed to Conduct elections in accordance With the provisions of the
Act, the Rules and the bye-laws; or ,
(V1) is otherwise not functioning properly,
the Registrar may after giving the Board an opportunity of hearing within”
fifteen days from the date of issue of notice, by order in writing, remove the Board .or keep under suspension, and appoint one or more administrators who need not bemembers of the society to manage the affairs of the society;
Provided that no Board shall be superseded or kept under suspension for aperiod not exCeeding six months however for a co-operative society carryingon thebusiness of banking for a period not exceeding one year;
Provided further that the Board ofDirectors of a co-operative soc1ety shall not -be superseded 0r kept under suspension where there is no Government shareholding ’or loan or financial assistance or any guarantee by the Government;
Provided also that in the case of a co-operative soc1ety carrying on thebusiness of banking, the provisions of the Banking Regulation Act, 1949 shall alsoapply”. ’ ' '
8. Amendment of Section 78A(1).- In sub-section ( 1) of section 78(A)(l) of thePrincipal Act, 1
(i) for the figures and the words “12 months at a time and three years in the _
whole” shall be substituted by the wordsiq‘six months”;
(11) in the first proviso, for the words “three years”, the words “six months”
shall be sustituted.
9. ‘Insertion of new section 79 A.- After section 79, of the Principal Act, anew section 79 A shall be inserted, namely, —
“79A. Filing of annual report, audited statements etc.— Every co—operative societyshall submit return within six months of the close of every financial year to theRegistrar Co—operative Societies,Man1purincluding the following matters Viz ~
—(6)-
(a) annual report of its activities ;
‘ (b) audited statement of accounts including the profit and loss account and
the balance sheets as on 31St March of the previous financial year;
__ (c) plans for surplus disposal as approved by the general body of the co-
operative society;
((1) lists of amendments to the bye-laws of the co-operative society, if any;
(e) declarations regarding date of holding of its general body meeting and '
conduct of elections when due;
(1) budget estimation of the next year;
(g) any other information required by the Registrar1n pursuance ofany of
. the provisions of the Act.” '
.10». Amendment of section 81.— for the sub-section (1) of Section 81 0f the
Principal Act, the following shall be substituted, namely, —
“( 1) The Registrar shall audit or cause to be audited by a person authorized by I
him or by a certified AuditOr or a Chartered Accountant by general or special order in
' writing in this behalf the accounts related to the previous year of every co-operative
Society at least once in a year within six months of the cldse ofthe co-operative year.
_ Provided that the general body of the co-operative society shall appoint the
auditor from the panel approved by the Registrar.
Provided further that the audit report of the accounts of an apex co-operative
society shall be laid before the State Legislature”.
11,. Amendment of section 146.- In section 146 of the PrincipalAct, after clause
, (q), the following clauses shall be inserted, namely,—
“(r) whoever, before, during or after the election ofmembers of the Board or _
office Bearers, adopts any corrupt practice. ' .
(s) any employee, who, without sufficient cause, fails to pay to the co-
, operative society amounts deducted by him from its employees within a period
of 14 (fourteen) days on which such deduction1s made;
(t) any person willfully or Without any reasonable excuse disobeys any
summon requisition or lawfully written order issued under provisions of the
Act”.
-(7)-
12. Amendment of section 147.— In section 147 of the Principal Act,
Copy to:-
(i) the amount of fine specified in —
(a) Clauses (b), (c), (d), (g), (h), (i), (j), (111) shall be substituted by thewords “two thousand rupees respectively. - »
(b) Clauses (t),v(1), (q) shall be substituted by one. thousand rupeesrespectively and
'
(c) Clauses (k) and (n) bytwo thousand five hundred rupees respectively’ ’. ;
(11) after clause (q), the following new clauses shall be added, namely, -“(r) if it is an offence under clause (1') of section 146, with a fine Which may -'extend to two thousand rupees;
'
(5) if it is an offence under clause (3) of section 146 of the Act, With a finewhich may extendto one thousand rupees besides recoVering' the amounts ‘deducted by him ‘;
(t) if it is an offence under clause (t) of section 146, With a fine which mayextend to two thousand rupees”.
(Th. Kamini Kumar Singh)Joint Secretary (Law), Govemment of Manipur.-I
. The Commissioner (Co—Op), Government of'Manipur.The Secretary, Manipur Legislative Assembly, Imphal.The Director, Printing & Stationary, Manipur for favour of publication in ,theManipur Gazette Extra Ordinary dated 23-7-2013. He is requested kindly tosend S(five) copies of the publication to the Law & Legislative AffairsDepartment, Government of Manipur. . 1 - -Guard file. i i

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