Bare ActsThe PUDUCHERRY CO-OPERATIVE SOCIETIES ACT, 1972

Section 171

Repeals and savings

Amendment status not verified — confirm the current text below against the official source.

Repeals and savings.- (1) On the commencement of this Act, the Puducherry Co-operative Societies Act, 1965 (Act 11 of 1965) and the Madras Co- operative Land Mortgage Banks Act, 1934 (Madras Act 10 of 1934) as in force in the Union territory of Puducherry shall stand repealed. (2) The repeal by sub-section (1) of the corresponding law shall not affect- (i) the previous operation of the corresponding law or anything done or duly suffered thereunder; or (ii) any right, privilege, obligation or liability acquired, accrued or incurred under the corresponding law; or (iii) any penalty, forfeiture or punishment incurred in respect of any offence committed against the corresponding law; or (iv) any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed. (3) Subject to the provisions of sub-section (2), anything done or any action taken, including any appointment or delegation made, notification, order, instruction or direction issued, or any rule or regulation made or form prescribed, certificate granted or registration effected, under the corresponding law shall be deemed to have been done or taken under this Act and shall continue to have effect accordingly, unless and until superseded by anything done or any action taken under this Act. (4) Notwithstanding the repeal of the enactments referred to in sub-section (1), any society existing in the Union territory of Puducherry on the date of the commencement of this Act which has been registered or deemed to be registered under the repealed enactments shall be deemed to be registered under this Act and the by-laws of such society shall so far as they are not inconsistent with the provisions of this Act, continue in force until altered or rescinded. _______ 130 STATEMENT OF OBJECTS AND REASONS FOR ACT NO. 7 OF 1973 The Cooperative Societies in this Union territory are governed by the Puducherry Co-operative Societies Act, 1965 which was enacted on the lines of the Madras Cooperative Societies Act, 1961. When the Bill was sent to the Government of India for obtaining the assent of the President, they made various useful suggestions on some of the provisions. These suggestions were worth considering. Since then, the Cooperative movement received increasing attention and fresh impetus and its expansion was greatly accelerated, thereby creating many difficult problems, the more important being reorganization of agricultural credit societies, mobilization of resources within the movement, effectiveness of the cooperative legislation for ensuring active participation of members, prevention of excessive influence by particular individuals in affairs of societies, extension of special aids to weaker sections of the community, arrangements for quick and efficient audit and steps to improve the managerial efficiency of the cooperatives. The Tamil Nadu Government appointed a Committee under the Chairmanship of Thiru K. Santhanam in February 1968 to study the working of the movement and formulate proposals for improving its efficiency and performance. The report submitted by the above committee contained a number of recommendations concerning amendment of the existing Act, most of which were found to be acceptable and could be given effect to in this Union Territory also with such modification as are necessary to suit local conditions. The Conference of Chief Ministers and State Ministers of Cooperation held at Madras on 12.6.1968 urged legislative measures to curb the growth of vested interests in cooperatives, consolidation of the movement through revitalization programme, orientation of loaning policy to serve the small farmer and weaker sections, simplification of procedure for liquidation of bogus societies etc. The Government of India made numerous suggestions in this regard the implementation of which involve further amendments to the existing legislation on cooperation. The Cooperative Banks in this Union Territory are at present outside the purview of the Deposit insurance Scheme the benefits of which will accrue to the Cooperative Banks only after necessary amendments suggested by the Reserve Bank of India are made in the state Cooperative Societies Acts, so as to enable the Reserve Bank to exercise powers of supervision; reconstitution and liquidation of Cooperative Banks. The Land Mortgage Bank in Puducherry at present governed by a separate legislation viz. the Madras Cooperative Land Mortgage Bank Act, 1934 as extended to Puducherry. The Tarnil Nadu Government had since carried out a number of amendments to this Act. It was at first felt that a fresh legislation should be enacted to regulate the working of the Land Mortgage Banks in Puducherry. However it was subsequently considered that a separate legislation was not necessary and that it would be sufficient if a chapter was separately included in the existing Puducherry Cooperative Societies Act in the place of Farming Societies. This is also in consonance with the suggestion of the Santhanam Committee in Cooperation. 131 The progress made in giving effect to the various progressive measures suggested by the Government of India was once again reviewed by the conference of State Ministers of Cooperation held at Bangalore in June 1969. With a view to expediting the implementation of the recommendations of the conference, it has been decided to bring forward amendments to the existing Act on the pattern of the legislation already enacted by the Kerala Government to give effect to the recommendations. As the Implementation of all the above proposals would involve framing of numerous amendments which would materially affect the scope and content of the Puducherry Cooperative Societies Act, 1965, it is considered desirable to bring forward a new legislation altogether to replace the existing Act. Hence this Bill. ______ STATEMENT OF OBJECTS AND REASONS FOR ACT NO.7 OF 1988 According to sub-section (9) of section 2 of the Puducherry Co-operative Societies Act, 1972, the expression, the Co-operative Year has been defined to mean the period commencing on the 1st day of July of any year and ending with the 30th day of June of the succeeding year. With a view to synchronize the Co-operative Year with the accounting year followed for tax purposes, it is proposed to adopt the financial year i.e. the period between 1st day of April and 31st day of March as the Co-operative Year. It is proposed to amend the clause (9) of section 2 of the Puducherry Co-operative Societies Act, 1972 for this purpose. With a view to facilitate transition from the existing Co-operative Year to the proposed Co-operative Year, it is proposed to extend the period of Co-operative commencing on the 1st day of July immediately preceding the commencement of the proposed amendment till the 31st day of March of the succeeding year after such commencement. The Bill seeks to achieve the above objects. ______ 132 STATEMENT OF OBJECTS AND REASONS FOR ACT NO. 9 OF 2010 Request have been received from different quarters, including from the past and present members of the Puducherry Legislative Assembly and from various associations of scheduled castes, for providing reservation of seats for the scheduled castes in the committee of management of Co-operative Societies. The Puducherry Co-operative Societies Act, 1972 has not provided for reservation of seats for the scheduled castes in the committee of Co-operative Societies. In view of the above, it is proposed to provide one seat for the members of the scheduled castes in the committee of registered Primary Co-operative Societies which has a membership of not more than nine members and two seats in a committee having a membership exceeding nine members, by way of amending sub-section (3) of section 32 of the said Act. Further, it is also proposed to increase the minimum and maximum number of members of the Committee of the Primary Co-operative Societies by one, so that the existing structure is not affected. The salient features of the proposal are.- (i) the committee of management of Primary Co-operative Societies, other than a society which is formed exclusively for the benefit of the students or the fishermen or members belonging to the scheduled castes, shall provide for seats for members of the scheduled castes in such committee as above; and (ii) if such member from scheduled castes is not elected to the committee, the committee shall co-opt the members of the scheduled castes from the members of the society to the membership of the committee. Thus, representation of scheduled caste members in the committee is ensured. The Bill seeks to achieve the above objects. _______

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