REGISTERED No. DL-33004/92 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 15] NEW DELHI, SATURDAY, JANUARY 16,1993/PAUSA 26,1914 Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi, the l6th January, 1993/Pausa 26, 1914 (Saka) THE UTTAR PRADESH CO-OPERATIVE SOCIETIES (AMENDMENT) ORDINANCE, 1993 No. 12 OF 1993 Promulgated by the President in the Forty-third Year of the Rebublic of India.
An Ordinance further to amend the Uttar Pradesh Co-operative Societies Act, 1965.
WHEREAS by a Proclamation issued on the 6th day of December, 1992 by the President under article 356 of the Constitution, the powers of the Legislature of the State of Uttar Pradesh have been declared to be exercisable by or under the authority of Parliament;
AND WHEREAS the Uttar Pradesh Co-operative Societies (Amendment) Ordinance, 1991 and Uttar Pradesh Co-operative Societies (Amendment) Ordinance, 1902 to provide for the aforesaid matters were promulgated by the Governor on 27th December, 1991 and 28th January, 1992, respectively;
% %nk *&&$m OF nmA Ejft*A6$fttNAfeY IPAUT n - Short title and commencement.
Amend, mentof Section 29 ofU.P.
Act 11 of 1966.
Amend, ment of section 34.
AND WHERE'AS tyz Utter P***H Cooperative Societies (Amendment) Bill, 1992 was introduced in tĥ T ifitar Pradesh Legislative Council to replace the |aid Ordinance, but'h4s not been passed;
Ai^|SiJA^s^e?lXTttai' Pradesij Co-operative Societies (Third Amend* ment)"'Wd^aneG l t !^21 ^ s prfei^|at^d by the Governor on the 29th November,* f&&% «o4epB» th»-^al*~OFdina)ioes;
AND WHEREAS Parliament is not in session and the President is satisfied that qircuinstances exist whiclj _r«wder it necessary for him to take immediate action; _ Now, THERM-ORE, in exercise of tbejaowers conferred by clause (1) of article 123 of the ConstitutiW1maH>f W£ other powers enabling him in that behalf, the President' ""is "T3e«£Sf "I© promulgate the following Ordinance:— - ->~ Xt (7) This t)rdinance"niay be calJprfche Utiar Pradesh Co-operative Societies CAmmaoiwit) Og&ahcs, 1^93.
(2>'%fetJ6«B '2T Wft -^ rsHaHT Be 'WmmA to have come into ifiirce- on -B&mhst 27, 1SC91, section 3 shall b$ 'doHned to have come into *wce on Jfmttffy %S, 1992'anid thtr-mmitftog p8a9isiom shall come into (force at once.
* # t, In section %9 of «te Uttgp IfWttfSSh' 6oHOpcrative Societies Act, 1965 (h«r«inafter refenaed to a* the ptiBC^rit -Act), in sub-section ($), in. the ftrst two™©, for Ute word and figures **0teeember 31, 1991", the word and
3. In section 34 of the principal' Act,—
(a) HI snMeman. 0), thfe fwow!»g proviso sfiall be inserted at ^Ptov ĴB^T îajif where^ tfie ijfcare -^rftat sufescrtbed to by die State Govenuraent is not less than, fifteen lakh rupees, the State Government shafl^Jo*^avSrth^])^ght to nominate the Chairman of the Committee of Management from amongst the members of-
(6) after sub^ l iw 1^f ^ ^ A w i n g dwl>«ections shall be insorteid, namely:— ^ ^ . ^ ^ „ „. ,- "(1/i) N o t w ^ R t a a d j n ^ ; ^ ^ - contained in sub-section
(1), the State Government shall have the right to nominate such l»tf3C|»rf»««m^a^ eKOeeda.r aad^iB1 wearesfr to, one^haJif -ef -the total jipWiiW^ of «wffllb*is, if— ~ ~ - " *- *• 1 (oj ^KTsliare of the SSte Government' in TO snare capital J>f t|»e society exceeds fifty ppr cent of the total share aap&Trof ̂ ; •fe68i%; tx 4 . " * „ ^ -„ <fe)- «*5*h5tate- G«ver^n«Bt , \bafr~givan ioaW or ' made ".v#Mm»:«ei | f e ? 0 # t r ^ i » 8 P 8 » * ¥ # ' ^ o wpayB^tof ^principal and pB^meiit of intefispt on debeotiftes issued toy the SEC. 1] THE GAZETTE OF INDTA EXTRAORDINARY 5 U.P. Ord.
30 of 1992.
socmetjy, or guaranteed the repayment ot principal and payment of interest on loans or advances to the society, in amounts exceeding fifty per cent, in the aggregate of the total amount so borrowed by the society.
(IB) W!h|ere t|he State Government exercises its right of nomination under this section, then—
(a) in the case of nomination of Chairman, any person for tine time being holding that office shall cease to be Chairman on the date such nomination is made;
0) in thie case of nomination of members Off the Committee of Management, lots shall be drawn by or under the authority of thie Registrar on tjhe date and at the time and place to be fixed by the Registrar in: that behalf (of which notice shall be given to members of the Committee) for the retirement of so many members of the Committee as may be necessary to accommodate the nominees of the State Government, and the members whose names are drawn by lots shall on the date of such drawal cease to be members of tjhe Committee.";
(c) in sub-section (2), 'for the words "sub-section (1)"% the words "this section" shall be substituted.
4. In section 35 of the principal Act, in sub-section (6), in the proviso, (for thef word and figuirels "December 31, 1991", the word and figures "June 30, 1993" slhall be substituted.
5. ( I ) The Utitar Pradesh Co-operative Societies (Third Amendment) Ordinance, 1992 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the provisions of the principal Act, as amended iby the Ordinance (referred to in sub-section (1), shall be deemed to have been done or taken Under the corresponding provisions of the principal Act, as amended by this Ordinance as if the proviafioBs of this Ordinance were in force at all material Stimesi. • '1 •• Amendment Of section 35.
Repeal and saving.
SHANKER DAYAL SHARMA, President.
K. L. MOHANPURTA, Secy, to the Gpvt. of India.
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