The Uttar Pradesh Cooperative Societies (Amendment) Act, 1998
(U.P. Act 2 of 1998)
(As passed by the Uttar Pradesh Legislature)Received the assent of the Governor on January 31, 1998 and published in the Uttar Pradesh Gazette Extraordinary, Part 1, Section (Ka), dated 2nd February, 1998, pages 2-3. An Act further to amend the Uttar Pradesh Cooperative Societies Act, 1965. It is hereby enacted in the Forty-ninth Year of the Republic of India as follows:- 1. Short title and commencement. - (1) This Act may be called the Uttar Pradesh Cooperative Societies (Amendment) Act, 1998. (2) It shall be deemed to have come into force on November 15, 1997.
Object & Reasons6
|Statement of Objects and Reasons. - Section 29 of the Uttar Pradesh Cooperative Societies Act, 1965 provides for constitution of the Committee of Management for a Cooperative Society and Section 30 provides that every Cooperative Society shall have a Chairman and Vice-Chairman, elected, nominated or appointed in occurrence with the provisions of the Act, Rules and the bye-laws. Section 130 of the aforesaid Act empowers the State Government to make rules. In respect of election of the Chairman and the Vice-Chairman of the Committee of Management there is no mention that rules may be made in respect of no confidence motion against Chairman and Vice-Chairman, as a result whereof validity of the rules framed under the Uttar Pradesh Cooperative Societies Rules, 1968, regarding no confidence motion against Chairman and Vice-Chairman has been challenged in the court. In order to remove the above difficulty and defect it has been decided that necessary provision be made in the aforesaid Act, providing for no confidence motion against Chairman and Vice-Chairman. 2. Since the State legislature was not in session and immediate action to implement the aforesaid decision was necessary, the Uttar Pradesh Cooperative Societies (Second Amendment) Ordinance, 1997 (U.P. Ordinance 14 of 1997) was promulgated by the Governor on November 15, 1997. This Bill is introduced accordingly to replace the aforesaid Ordinance.|