Y.S. RANA,CHANDIGARH—SEPT 17—Cooperative housing societies in Chandigarh are up against the delay tactics of the Chandigarh Administration in notifying amendments in its cooperative laws in line with the 97th Constitutional Amendment Act-2011. Around 12 housing societies of Sector 48, 49 and 50 sent representations to the Lok Sabha-Rajya Sabha secretariats; ministry of home affairs; governor Punjab and administrator UT seeking action against the draconian functioning of officials.
The representation also stated that it was also a case of contempt of august House. It further states that in stead of endeavour to promote voluntary formation, autonomous functioning democtatic control and professional management of cooperative societies enshrined in the Act, still managing committees were being removed by manipulating of laws; rules and Acts by the Administrtation.
Talking to some signatories told Daily Post that even members were ready to demonstrate against the dictatorship of the officials. A former secretary of a society said that a copy of the representation was being sent to the leader of opposition, Lok Sabha. “In some societies there is no democratic set up for the past more than four years.
Sources in the Administration revealed that a meeting was held on July 15 last on the matter. In the meeting it was decided to notify the draft notification as per the direction contained in the letter of ministry of agriculture, government of India dated 2.1.2013 and sent it to the Administrator to UT for his nod. Since then the Home Department is sitting over the file, says the source.
The sources further revealed that law department had already given its advice on the issue and prepared a proposed draft for notification. It avised that notification should be in line with the central legislation and has become binding on the Administration after completion of one year i.e. February 15, 2013.
The state governments 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. The officials have taken a decision to notify the proposed draft notification in the Punjab State Cooperative Act 1961 as applicable in Chandigarh in toto.
Notably, the government of India had directed the Chandigarh Administration to carry out the amendments within stipulated time vide its letter of 2.1.2013. Then the file was sent to the Administrator UT who returned the file with a query whether the Administrator was competent to amend the Act.
In July last the matter has been sent to the legal department. It clarified that the administrator to UT Chandigarh was competent to accord requisite approval. The legal department has also put on table a proposed draft for amendments in Sections 24, 26, 27, 48, 51 and 71 of the Punjab State Cooperative Act 1961 as only the cited sections related to the provisions of the Constitutional Amendment Act. It was also stated that no deviation was permissible from the Act. Punjab and Haryana have already notified amendments in their cooperative Acts.
Sections to notify Pertains to
24 Annual
General Body meeting
26 Election and
nomination of members of the committee
27
Supersession and suspension of managing committees
48 Audit of
accounts of cooperative societies.
48(a) Returns of
cooperative societies.
51
Incorporation of cooperative societies.
71 Offences and
penalties.