Tamil Nadu Co-Operative Societies Act, 1983
No: 30 Dated: Nov, 01 1983
The Tamil Nadu Co-Operative Societies Act, 1983
Tamil Nadu Act 30 of 1983
An Act to amend and consolidate the law relating to and to make better provision for, the organisation, management and supervision of co-operative societies in the State of Tamil Nadu.
Whereas it is expedient to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies in the State of Tamil Nadu;
And whereas it is expedient further to provide for an orderly development of the co-operative movement in accordance with co-operative principles such as open membership, democratic management, limited interest on capital, distribution of surplus based on patronage, provision for co-operative education and co-operation among co-operatives for the promotion of thrift, self-help and mutual aid among persons with common socio-economic needs so as to bring about improvement in agriculture and industry, better methods of production, better business and better living and for that purpose to amend and consolidate the law relating to co-operative societies in the State of Tamil Nadu;
Be it enacted by the Legislature of the State of Tamil Nadu in the Thirty-fourth Year of the Republic of India as follows:-
CHAPTER I
Preliminary
1. Short title and commencement. - (1) This Act may be called the Tamil Nadu Co-operative Societies Act, 1983.
(2) It extends to the whole of the State of Tamil Nadu.
(3) It shall come into force on such date as the Government may, by notification, appoint.
2. Definitions. - In this Act, unless the context otherwise requires,-
(1) "administrator" means a Government servant or an employee of any body corporate owned or controlled by the Government appointed under this Act in the place of the board;
(1-A) "agriculture" includes horticulture, floriculture, raising of crops (including plantation, tree crops and garden produce), seed farming and forestry and the word agricultural" shall be construed accordingly;
(2) "agricultural producers marketing society" means a registered society which has as its principal object the arranging for and the undertaking of purchase, storing, processing and marketing of the agricultural and other produce or products of its members or the undertaking of the distribution of commodities and includes any registered society which has as its principal object the provision of facilities for the operation of an agricultural producers marketing society;
(3) "agricultural service co-operative society" means a registered society, which has as its principal object the raising of funds to be lent to its members primarily for agricultural production, animal husbandry, pisciculture including fish catching, apiculture and sericulture and all activities incidental or ancillary thereto or for such other purposes as the Government may, by notification, specify in this behalf, but does not include a financing bank;
(4) "animal husbandry" includes cattle breeding, dairy farming, piggery and poultry farming;
(5) "apex society" means a State level registered society whose area of operation extends to the whole of the State of Tamil Nadu and which has as its principal object, the promotion of the principal objects of, and the provision of facilities for the operations of, other registered societies affiliated to it and classified as an apex society by the Registrar;
(6) "associate member" means a member who possesses only such privileges and rights of a member and who is subject only to such liabilities of a member as may be Specified in this Act, the rules and the bye-laws;
(7) "board" means the board of directors or the governing body of a registered society by whatever name called, to which the direction and control of the management of the affairs of the society is entrusted to;
(8) "bye-laws" means the registered bye-laws for the time being in force and includes a registered amendment of such bye-laws;
(9) "central society" means a registered society whose area of operation is confined to a part of the State of Tamil Nadu and which has as its principal object, the promotion of the principal objects of, and the provisions of facilities for the operations of, other registered societies affiliated to it and classified as a central society by the Registrar and includes any registered society notified by the Government as a central society.
Procedure. - See ride 13 of the Tamil Nadu Co-operatives Rules, 1988.
Explanation. - For the purpose of notifying any registered society as a central society under xxx this clause, the Government shall have regard to such volume of transactions and such number of members and such other factors as may be prescribed.
(10) "consumer society" means a registered society which has as its principal object the supply of the requirement of its members for the consumption of such members;
(11) "Co-operative union" means a registered society which has as its principal object the undertaking of co-operative education, propaganda training and mobilisation of savings;
(12) "Co-operative year" means the period commencing on the first day of April of any year and ending with the 31st day of March of the succeeding year;
(13) "credit society" means a registered society which has as its principal object the raising of funds to be lent to its members for the purposes of agriculture, animal husbandry, pisciculture (including fish catching), agriculture, sericulture, petty trade, cottage and small scale industries including farm based industries, purchase of implements or raw materials, construction, purchase or repair of dwelling houses, discharge of prior debts, meeting ceremonial or educational expenses, purchase of domestic and other requirements or for such other purposes as the Government may, by notification, specify in this behalf;
(14) "financing bank" means a registered society which has as its principal object the lending of money to other registered societies;
(15) "Government" means the State Government;
(16) "member" means a person joining in the application for the registration of a society and a person admitted to membership after registration in accordance with the provisions of this Act, the rules and the bye-laws and includes an associate member;
(17) "milk producers society" means a registered society which has as its principal object the arranging for, and the undertaking of, purchase of milk produced by its members and storing, processing and marketing of such milk and its products and includes any registered society which has as its principal object the provision of facilities for the operation of a milk producers society;
(18) "office bearer" means a president or a vice-president of the board by whatever name called such as chairperson or vice-chairperson and includes any other person to be elected by the board of any registered society as may be specified in the rules or the by-laws;
(19) "officer" includes a president, vice-president, managing director, secretary, assistant secretary, member of board and any other person empowered under the rules or the bye-laws to give directions in regard to the business of the registered society;
(20) "oil-seeds growers society" means a registered society which has as its principal object the arranging for, and the undertaking of, purchase of oil-seeds produced by its members and storing, processing and marketing of such oil-seeds and their prod nets and includes any registered society which has as its principal object the provision of facilities for the operation of an oil-seeds growers society;
(21) "primary society" means a registered society, but does not include-
(i) an apex society; or
(ii) a central society;
(22) "registered society" means a co-operative society registered or deemed to be register ed under this Act;
(23) "Registrar" means an officer of the Government appointed to perform the duties of a Registrar of Co-operative Societies under this Act and includes any other officer of the Government or any officer of body corporate owned or controlled by the Government on whom all or any of the powers of a Registrar under this Act have been conferred under section 3;
(24) "Rules" means rules made under this Act;
(25) "scheduled co-operative society" means any registered society specified in Part A or Part B of the Schedule to this Act;
(26) "self-reliant society" means a registered society which does not receive assistance in any form from the Government under Chapter VI or from any registered society receiving such assistance from the Government.
Explanation. - A cash credit with financing bank for the maintenance of fluid resources shall not be regarded as assistance for the purpose of this clause, notwithstanding that the financing bank received assistance from the Government;
(27) "society with limited liability" means a registered society, the liability of whose members for the debts of the society on its liquidation is limited by its bye-laws;
(28) "society with unlimited liability" means a registered society, whose members are, on its liquidation, jointly and severally liable for and in respect of all its obligations and to contribute to any deficit in the assets of the society;
(29) "Tribunal" means a Tribunal constituted under section 151 and having jurisdiction;
(30) "weavers society" means a registered society which has as its principal object the production of handloom cloth or fabrics or clothes through, or with the help of, its members and marketing the same and includes any registered society which has as its principal object the provision of facilities for the operation of a weavers society.