रविंद्र सिंह–
97वें संविधान संशोधन को चुनौती देता इफको बोर्ड
By law, under clause (2) of article 243Z, has failed to conduct elections in accordance with the provision of the Act:
Provided further that the board of any such co-operative society shall not be superseded or under where there is no Government sharing or loan or financial assistance or any guarantee by the Government:
Provided also that in case of a co-operative society carrying on the business of banking, the provisions of Banking Regulation Act, 1949 shall also apply:
Provided also that in case of a co-operative society, other than a multi State co-operative society, carrying on the business of banking, the provisions of this clause shall have the effect as if for the words “six months”, the words “one year” had been submitted.
(2) In case of supersession of a board the administrator appointed to manage the affairs of such co-operative society shall arrange for conduct of election within the period specified in clause (1) and handover the management to the elected board.
(3) The Legislature of a State may, by law, make provisions for the conditions of service of the administrator.
243ZM. (1) The Legislature of a State may be, by law make provision with respect to the maintenance of accounts by the co- operative societies and the auditing of such accounts least once each financial year.
(2) The Legislature of a state may be, by law lay down the minimum qualifications and the experience of auditor and auditing accounts of the co-operative societies.
(3) Every co-operative society shall cause to be audited by an auditor or auditing firms referred to in clause (2) appointed by the general body of the co-operative society:
Provided that such auditors or auditing firm shall be appointed from a panel approved by a State Government or any authority by
the state Government in this behalf.
(4) The account of every co-operative society shall be audited within six months of the close of the financial year to which such accounts relate.
(5) The audit report of the account of an apex co-operative society, as may be defined by the State Act, shall be laid before the State Legislature in the manner, as may be provided by the State Legislature, by law.
243ZN. The Legislature of a State may, make provisions that the annual general body meeting of every co-operative society shall be convened within a period of six months of close of the financial year to abstract the business as may be provided in such law.
243ZO. (1) The Legislature of a State may, by law provide for access to every member of a co-operative society to the books, information and accounts of the co-operative society kept in regular transaction of its business with such member.
(2) The Legislature of a State may, by law make provision to ensure the participation of members in the management of the co- operative society providing minimum requirement of attending meetings by the members and utilizing the minimum level of services as may be provided in such law.
(3) The Legislature of a State may, by law, provide for co- operative education and training for its members.
243ZP. Every co-operative society shall file returns, within six MREDMI NOTEose of every financial year, to the authority designated by the State Government including the following matters, namely:-
(a) Annual report or its activities;
(b) Its audited statement of accounts;
(c) Plan for surplus disposal as approved by the general body of the co-operative society;
(d) List of amendments to the by-laws of the co-operative society, if any;
(e) Declaration regarding date of holding of its general body meeting and conduct of election when due; and
(f) Any other information required by the Registrar in pursuance of any of the provisions of the State Act.
243.ZQ (1) The Legislature of a State may, by law, make provisions for the offences relating to the co-operative societies and penalties for such offences.
(2) A law made by the Legislature of a State under clause (1) shall include the commission of the following act or commission as offences, namely:-
(a) a co-operative society or an officer or member thereof willfully make a false information, or any person willfully not furnishes any information required from him by a person authorized in the behalf under the provision of the state Act;
(b) any person willfully or without reasonable excuse disobeys any summons, requisition or lawful written order issued under the provisions of the state Act;
(c) any employer who, without sufficient cause, fails to pay to a co-operative society amount deducted by him from its employee within a period of fourteen days from the date on which such deduction is made;
(d) any officer or custodian who willfully fails to handover custody of books, accounts, documents, records, cash, security and other property belonging to a co-operative society of which he is an officer or custodian, to an authorized person; and
(e) whoever, before, during or after the election of members of the board or office bearers, adopt any corrupt practice.
243ZR. The provisions of this Part shall apply to the multi-State co-operative societies subject to the modification that any reference to “legislature of a State”, “State Act” or “State Government” shall be construed as a reference to “Parliament. “Central Act” or “the Central Government” respectively.
243ZS. The provisions of this Part shall apply to the Union territories and shall, in their application to a Union territory. having no Legislature Assembly as if the references to the Legislature of a state were a reference to the administrator thereof appointed under article 239 and, in relation to a Union territory having a Legislature Assembly, to that Legislative Assembly:
Provided that the President may, by notification in the Official Gazette, direct that the provisions of this Part shall not apply to any Union territory or part thereof as he may specify in the notification.
243ZT. Notwithstanding anything in this Part, any provision of any law relating to co-operative societies in force in a State immediately before the commencement of the Constitution (Ninty-seventh Amendment) Act, 2011, which is inconsistent with the provisions of this Part, shall continue to be in force until amended or replaced by a competent Legislature or other component authority or until the expiration of one year from such commencement, whichever is less.
बरेली के पत्रकार रविंद्र सिंह द्वारा लिखी किताब ‘इफको किसकी’ का 30वां पार्ट..
जारी है..
V.K. BHASIN,
Secy. to the Govt. of India
पिछला भाग.. इफको की कहानी (29) : संविधान संशोधन को चुनौती देता बोर्ड, पढ़ें- GAZETTE OF INDIA
