रविंद्र सिंह–
97वें संविधान संशोधन को चुनौती देता इफको बोर्ड
REGISTRED NO. DL-(N) 04/0007/2003-II
THE GAZETTE OF INDIA
PART-II
PUBLISHED BY AUTHORITY
NO. 12
NEW DELHI, FRIDAY, JANUARY 13, 2012/PUSA 23, 1933 (SAKA)
Separate paging is given to this Part in order that it may be filled as a separate compilation.
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, 13th January, 2012 / Pusa 23, 1933 (Saka)
The following Act of Parliament received the assent of the President on 12th January, 2012 and is hereby published for general information:—-
THE CONSTITUTION (NINETY SEVENTH AMENDMENT)
ACT, 2011 [12th January, 2012]
An Act further to amend the Constitution of India. BE it enacted by Parliament in the Sixty-second Year of the Republic of India as follows:
- (1) This Act may be called the Constitution (Ninety-seventh amendment) Act 2011
(2) It shall come force on such date as the Central Government may, by Official Gazette, appoint. - In the part III of the constitution, in article 19, in clause (1), in sub-clause (c), after the words “or union”, the words ” or co-operative societies” shall be inserted.
- In the part IV of the constitution, after article 43A, the following article shall be inserted namely:-
“43B. The State shall endeavor to promote voluntary formation, autonomous functioning democratic control and profession management of co-operative societies.”
- After Part IXA of the Constitution, the following Part be inserted, namely:-
“PART IXB’
243ZH. In this Part, unless the context otherwise requires,-
(a) “authorized persons” means a person referred to as such in article 243Z;
(b) “board means the board of directors of the governing body of the society, by whatever name called, to which the direction and the control of the management of the affairs of a society is ensured to;
(c) “co-operative society” means a society registered or deemed to be registered under any law relating to co-operative societies for the time being in the Force in any State;
(d) “multi-State co-operative society” means a society with objects not confined to one State and registered or deemed to be registered under any law for the time being force relating to such co-operatives;
(e) “officers bearer” means a President, Vice-President, Chair Person, Vice Chairpersons, Secretary or Treasurer of a co- operative society and includes any other person to be elected by the board of any co-operative society;
(f) “Registrar” means the Central Registrar appointed by the Central GOPROment in relation to the multi-State co- ocieties and the Registrar for co-operative appointed by the made by the Legislature of a State in relation to co-operative societies;
(g) “State Act” means any law made by the Legislature of a state;
(h) “State level co-operative society” means a cooperative society having its area of option extending to the whole of a State and defined as such in any law made by the Legislature of a State.
243ZI. Subject to the provisions of this Part, the Legislature of a State may, by law, make provisions with respect to the incorporation, regulation and winding up of co-operative societies based on the principles of voluntary formation, democratic member-control, member-economic participation and autonomous functioning.
243ZJ.(1) The board shall consist of such number of directors as may be provided by the legislature of a State, by law:
Provided that the maximum number of directors of a co- operatives society shall not exceed twenty-one:
Provided further that the Legislature of a State shall, by law, provide for the reservation of one seat for the Schedule Castes or the Schedule Tribes and two seats for women on board of every co-operative society consisting of individuals as members and having from such class or category of persons.
(2) The term of office of elected members of the board and its office bearers shall be five years from the date of election and the term of office bearers shall be conterminous with the terms of the board:
Provided that the board may be filling a causal vacancy on the board by nomination out of the same class of members in respect of which the casual vacancy has arisen, if term of office of the board is less than half of its original term.
(3) The Legislature of a state shall, by law, provisions for co- pe bers of the board having experience in the field of banking, management, finance or specialization in any other field relating to the objects and activities undertaken by the co-operative society, as members of the board of such society”
Provide that the number of such co-opted members shall not exceed two in addition to twenty-one directors specified in the first two provisions to cause to clause (1):
Provide that the number of such co-opted members shall not have the right to vote in any election of the co-operative society in their capacity as such member or to be eligible to be elected as office bearers of the board:
Provide also that the functional directors of a co-operative society shall also be member of board and such members shall be excluded for the purpose of counting the total number of directors specified in the first provision to clause (1).
243ZK. (1) Notwithstanding anything contained in any law made by Legislature of a State, the election of a board shall be conducted before the expiry of the term board so as to ensure that the newly elected members of the board assume office immediately on the expiry of the office of the members of the outgoing board.
(2) The superintendence, direction and the control of the preparation of the electoral rolls for, and the elections to a co-operative society shall vest in such an authority conduct of, all or body, as may be provided by the Legislature of a State by law; Provide that the Legislature of State may, by law provide for the procedure and guidelines for conduct of such elections.
243ZL. (1) Notwithstanding anything contained in any law for the time being in force, no board shall be superseded or kept under suspension for period exceeding six months:
Provide that the board may be superseded or kept under suspension in case-
(i) Of its persistent default; or
(ii) Of negligence in the performance of its duties; or
(iii) The board has Committed any act prejudicial to the interests of the co-operative society or its member; or
(iv) There is stalemate in the constitution or functions of the board; or
(v) The authority or body as provided by the Legislature of a State by law, under clause (2) of article 2437, has failed to conduct elections in accordance with the provisions of the State Act:
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