The Assam Co-operative Societies (Amendment) Act, 1973
**ASSAM ACT XVI OF 1973**

**(Received the assent of the Governor on the 30th June, 1973)**

## THE ASSAM CO-OPERATIVE SOCIETIES (AMEND­
 MENT) ACT 1973

[Published in the Assam Gazette Extraordinary, dated the 3rd July, 1973]

**An**

**Act**

## further to amend the Assam Co-operative Societies
 Act, 1949.

**Preamble.** Whereas it is expedient further to amend the Assam **Assam Act I**

## Co-operative Societies Act, 1949, hereinafter called [of 1950]-
 the principal Act, in the manner hereinafter appearing;
 It is hereby enacted in the Twenty-fourth Year of
 the Republic of India as follows :—

**«**

**Short title,** 1. (1) This Act may be called the Assam Co-opdka-

**cxtent and** tive Societies (Amendment) Act, 1973.
**commence­**
**ment.**

## (2) It shall have like extent as the principal Act.

 (3) It shall come into force at once.

**Insertion of** 2. After section 39 of the principal Act, the follow­

**new Sections39A and 39B** ing shall be inserted as two new sections namely :—

## "39A. (1) Notwithstanding anything contained in
 this Act, the State Government may, if it is of opinion that the Administrative Council, the Managing Body, any other Committee or body of a registered society is
 not competent to perform or persistently makes default
 in the performance of the duties imposed by or under
 this Act or exceeds or abuses the powers imposed by or
 under this Act, at any time, after giving an opportunity
 of showing cause against the actions proposed, remove
 any such Council, Body or Committee.


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**2**

(2) The State Government may, at any time, sus­

pend any such Council, Body, Committee pending its
removal under sub-section (1) from office, if in the
opinion of the State Government immediate action is
necessary and the continuance of such Council, Com­
mittee or Body in office is inadvisable on any of the
grounds on which it could be removed under sub-sec­
tion (1) or on the ground of public interest.

(3) When an Administrative Council, Managing

Body, Committee, other body of a registered society
is suspended under sub-section (2) the State Govern­
ment may make such arrangements as may be deemed
necessary for discharging the duties, functions and

obligations of the Administrative Council, Managing
Body, Committee or other body so suspended till the
termination of the order of suspension or, when a body
or person is removed under sub-section (1), till the
vacancy is filled up in accordance with the provisions
made by or under this Act.

I

(4) Notwithstanding anything contained in this Act,

if the term of office of any Administrative Coun­
cil, Managing Body, Committee or other body expires
during the continuance of any order passed under sub ­
section (2) placing any such Council, Body or Com­
mittee under suspension, such Council, Body or
Committee shall cease to function with effect from the
date of such expiry and the arrangements made by the

State Government under sub-section (3) will continue
till the vacancies caused by such expiry are filled up
in accordance with the provision made by or under
this Act.

39B. (1) The State Government may, after giving

an opportunity of showing cause, remove the Chair­
man, the Vice-Chairman, the Secretary, any other
member or office-bearer or employee of a registered
society from the office or membership held by him on
any one or more of the following grounds, namely :—

(a) Doing any act in violation of the provisions

of the Act. the rules framed thereunder, the re­
gistered bye-laws of the society and other lawful
orders of the Government or of the Registrar of
So-operative Societies;

(b) Doing any act which is prejudicial to the

interest of the Co-operative movement;

(c) Misuse and defalcation of funds of the

society;

(d) Misconduct and wilful neglect in the dis­

charge of his duties;

(e) Refusal to act or incapability of acting.


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(2) The State Government may, at any time, sus­

pend a Chairman, a Vice-Chairman, a Secretary or any
other member, office-bearer or employee of a register­
ed society pending his removal under sub-section (1)
if the State Government is of opinion that immediate
actions are necessary and his continuance as such
Chairman, Vice-Chairman, Secretary, member, office­
bearer or employee is inadvisable on any of the gro­
unds for which he may be removed under sub-section
(1) or on the ground of public interest.

(3) When a Chairman, Vice-Chairman or any other

member or office-bearer or employee is suspended
under sub-section (2) of this section, the State Govern­
ment may make such arrangerfients as may be deemed
necessary for discharging the duties, functions and
obligations of the person so suspended till the termina­
tion of the order of susp msion or, when a person is
removed under sub-sectic n (1) above, till the election
or appointment of a person to the office or membership
which was held by the person so removed.

(4) Notwithstanding anything contained in this

Act, if the term of office of any Chairman, Vice-Chair­
man, member, other office-bearer, or employee of any
registered society expires during the continuance of
any order passed under sub-section (2) of this section
placing any such person under suspension, such person
shall cease to function with effect from the date of
such expiry and the arrangements made by the State
Government under sub-section (3) will continue till
the vacancies caused by such expiry are filled up in
accordance with the provisions made by or under this
Act.”

**Repeal and**
**Savings.** 3. (1) The Assam Co-operative Societies (Amend­ **Assam Ordi­**

ment) Ordinance, 1973, is hereby repealed. **nance V of**

**1973. -**

(2) Notwithstanding such repeal anything done

or any action taken under the Ordinance so repealed,
shall be deemed to have been done or taken, as the
case may be, under the corresponding provisions of
this Act. _i_

**GP. (Leg.) No.11/73—4,500—19-7-73.**


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