Y.S. RANA, CHANDIGARH—APRIL 16—Hundred of Cooperative societies in Chandigarh can now be free from bureaucratic control and interference as the Chandigarh Administration has notified amendments in tune with the 97th Constitutional Amendment Act-2011 in the cooperative laws. Sources in the Administration has stated that necessary notification (No 8/1/315-HII (4)-2014/5854 dated March 31, 2014) has been issued to make cooperative laws consistent with the provisions of the 97th Constitutional Amendment Act-2011. It comes into force with effect from January 13, 2013.
The notification adopts the provision of the Act issued vide Ministry of Law and Justice (Legislative Department) notification dated January 13, 2012 for the UT and makes the following adaptations in the Punjab State Cooperative Societies Act-1961 as applicable to Chandigarh. The notification has incorporate amendments in Section 26; Sector 27; Section 48; Section 51; Section 57 and Section 71 of the Punjab State Cooperative Societies Act 1961. A new Section 48-A has been inserted that will make mandatory for the societies to file returns within six months of close of every financial year.
Now the notification inter alia provides right to form cooperatives has been made a fundamental right. The cooperatives can now hold their elections without any role of officials. Term of cooperatives would be five years from the date of election; no board can be superseded or suspended for a period exceedingy six months and no board can be suspended unless the government has a share holding; loan; financial assistance or guarantee in the cooperatives.
Earlier, the Administration has submitted before the Punjab and Haryana Court that the notification has been finalized and would be issued positively within a maximum period of one month from today. The case was listed for hearing on March 21, 2014. The Secretary, Cooperation and the additional secretary, copperation were present in the court stated,”the compliance has not taken place as yet in view of the fact that normally the UT of Chandigarth adopts the notifications of the Punjab Government but in respect of the matter in issue no notification has been issued,” and submitted that the matter was referred to the Ministry of Home Affairs and now the notification has been finalized and would be issued positively within a maximum period of one month from today.
In January last, while disposing the PIL filed by Dr R.D. Anand in this regard, the High Court bench has directed the UT Administration to take decision within a month. The directions came after the Administration failed to notify the amendments in its cooperative Act for two years. The court has directed the Administration incorporating salient features that pertain to coperative societies in Chandigarh and directed to submit a compliance report by March 18 in the court.
The states/UT government have been given one year time and February 15, 2013 was the cut-off date by when states were supposed to amend their cooperative Acts to conform to the amendment. Failure to do so on or before stipulated date, the Central legislation would be automatically in force.
Chandigarh has more than 100 cooperative societies with membership of more than 12,000. The Government of India had directed the Chandigarh Administration to carry out the amendments within stipulated time vide its letter of 2.1.2013.
Sections notified
24
26
27
48
48(a) Returns filing of cooperative societies.
51
71
Y.S. RANA, CHANDIGARH—APRIL 16—Hundred of Cooperative societies in Chandigarh can now be free from bureaucratic control and interference as the Chandigarh Administration has notified amendments in tune with the 97th Constitutional Amendment Act-2011 in the cooperative laws. Sources in the Administration has stated that necessary notification (No 8/1/315-HII (4)-2014/5854 dated March 31, 2014) has been issued to make cooperative laws consistent with the provisions of the 97th Constitutional Amendment Act-2011. It comes into force with effect from January 13, 2013.
The notification adopts the provision of the Act issued vide Ministry of Law and Justice (Legislative Department) notification dated January 13, 2012 for the UT and makes the following adaptations in the Punjab State Cooperative Societies Act-1961 as applicable to Chandigarh. The notification has incorporate amendments in Section 26; Sector 27; Section 48; Section 51; Section 57 and Section 71 of the Punjab State Cooperative Societies Act 1961. A new Section 48-A has been inserted that will make mandatory for the societies to file returns within six months of close of every financial year.
Now the notification inter alia provides right to form cooperatives has been made a fundamental right. The cooperatives can now hold their elections without any role of officials. Term of cooperatives would be five years from the date of election; no board can be superseded or suspended for a period exceedingy six months and no board can be suspended unless the government has a share holding; loan; financial assistance or guarantee in the cooperatives.
Earlier, the Administration has submitted before the Punjab and Haryana Court that the notification has been finalized and would be issued positively within a maximum period of one month from today. The case was listed for hearing on March 21, 2014. The Secretary, Cooperation and the additional secretary, copperation were present in the court stated,”the compliance has not taken place as yet in view of the fact that normally the UT of Chandigarth adopts the notifications of the Punjab Government but in respect of the matter in issue no notification has been issued,” and submitted that the matter was referred to the Ministry of Home Affairs and now the notification has been finalized and would be issued positively within a maximum period of one month from today.
In January last, while disposing the PIL filed by Dr R.D. Anand in this regard, the High Court bench has directed the UT Administration to take decision within a month. The directions came after the Administration failed to notify the amendments in its cooperative Act for two years. The court has directed the Administration incorporating salient features that pertain to coperative societies in Chandigarh and directed to submit a compliance report by March 18 in the court.
The states/UT government have been given one year time and February 15, 2013 was the cut-off date by when states were supposed to amend their cooperative Acts to conform to the amendment. Failure to do so on or before stipulated date, the Central legislation would be automatically in force.
Chandigarh has more than 100 cooperative societies with membership of more than 12,000. The Government of India had directed the Chandigarh Administration to carry out the amendments within stipulated time vide its letter of 2.1.2013.
Sections notified
24
26
27
48
48(a) Returns filing of cooperative societies.
51
71