HIGH COURTOF CHHATTISGARH AT BILASPUR (FULLBENCH) ^ ^ CORAM: Hon'ble Shri S. R. Nayak, CJ, Hon'ble Shri Vijay Kumar Shrivastava, J & Hon'ble Shri Dilip Raosaheb Deshmukh, J Retitioner Writ Petition No.2881 of 2005 & 10 other writ petitions Mohd.Akbar Versus ^espondents State of Chhattssgarh & Another ORDER OF THE COURT (Passed on 19 December, 2006) In view of the opinion ofthe majority, we upholdthe constitutionai v^lidity of the impugned Amendment Act No.22 of 2004 and dismiss all the v/ritjpetitions, however, with no orderas to costs. The Registrar of C^-pperative Societies, State of Chhattisgarh, Raipur, is directed fo hold el^ion to the concerned Co-operative Societies Within a period of six m^ths from foday, as directed by Vijay Kumar Shrivastaya, J, in his .,^sdf^.^ Y ^K.S^Sastava D-1ip Raosa^bD^mu Chief Justice la-iA-^uuB Gowri/Subbu Judge 18-12-2006 .ludge --ye 19-12-2006 HlGH COURT OFJUDICATURE CHHATTISGARH : BILASPUR (FULL BENCH) CORAM: HON'BLESHRIS.R. NAYAK, C.J. HON'BLE SHRI VIJAY KUMARSHRIVASTAVA, J HON'BLESHRID.R. DESHMUKH,J. WRIT PETITION N0.2881 OF 2005 & 10 other writ petitions. PETITIONER Mohd.Akbar Versus RESRONDENTS State of Chhattisgarh and another ORDER (Passed on 19tn December, 2006) Per S|Rl NAYAK, CJ I have had the opportunity of reading the draft judgm^nts prepared by Vijay Kumar Shrivastava, J and Dilip Raosaheb Deshnjiukh, J in these writ petitions. The conclusions reached by Dilip Raos^heb Deshmukh, J, with respect, are not acceptable to me. 1 agree with Vi drder Chhatt Societ ay Kumar Shrivastava, J . (2) In the result, I dismiss all the writpetitipns with no as to costs. The Registrar of Co-operative Societies, State of sgarh, Raipur is directed to hold electipns tothe Co-operative 3^ concerned within a period of six months from today as directed by Vija^ l^umar Shrivastava, J in his order. Sd/- CHIEFJUSTICE 19-12-2006 M^^ HIGH COURT OF CHHATTISOARH AT BILASPUR FUIU BENCH : Hon'bieShri S^R.Nayak, ChiefJustice & Hon'bleShri Wjay Kumar Shrivastava Hon'ble Shri Dsiip RaosahebDsshmukh, JJ. PEtiTIONER RESPONDENTS PETITiONER RESiPQNDENTS PBBTIQNER Wrif Petition No.2881 of 2005 4ohd. /!ohd. Akbar, Aged about 49 years, S/o Shri Mohd. Rashid President/Chairman Jila Sahkari Kendriya Bank Maryadit, Raipur R/0 K.K.Road, Tvlahdhapara, Raipur, District Raipur (Chhattisgarh) Wrsus %••.•• 1. State of Chhattisgarh, Through ths Secretary, Department of Cooperation, D.K.S.Bhawan, Mantra'aya, District Raipur (Chhattisgarh) 2. Regtetrar, Cooperative Sodstiss, Chhattisgsrh, Raipur (Chhattisgarh). Writ Petition No.4377 of 2004 Uma Shankar Shukla, Chairman, Jagdaipur Sahateri Vipanan Sanstha Maryadit Avam Kisan Rice Mj!!, Jagdalpur. A Co-operative Society incorporated under provisions of Chhattisgarh Co-operative Societies Act, 1960 bearing Registration No. DR/BTR/5 Datsd 15/12/1959 \^rsus 1. Stats of Chhattisgarh, Through the Secretary, Department of Agricuiturat & Cooperative, Mantralaya, Dau Kaiyan Singh Bhawan, Raspur (Chhatfisgarh) 2. Rsgistrar, CoopsrativsSocietiss, Chhatta'sgarh, Agricuiturai University Campus, Labhandi, Raipur (Chhattisgarh). Writ Petition No.318 of 2005 Sukhuram Karma @ Sukkuram Karma, S/o Late Dhurwa, aged about 71 years, Ex- C-hairman, Tribal Co-opsrati'.'e Marketing Society "MARYADiT" Daniewada, Viiiage Poospal, Tahsil Dantewada, District South Bastar, Dantewada (C.G.F RESPONDENTS PE 'iTiONER RESPONDENTS PETiTiONER RESP&NDENTS <^ Versus 1. The Rsgistrar, Co-operative SocieSes Chhattisgarh State, D.K.S.Bhawan, Raipur 2. Ths Assistant Rsgistrar, Co-operative Societies District South Bastar, Dantewada; Dante'A'ada (C-.G.). Writ Pstition N0.1SS2 of 2005 Sahkari Vipnan Sanstha Mar/adit, Kav/ardha, through Ajit Chandrawanshi, aged about 33 years, S/o Shri Jagdish C-handrawanshi, Chairnnan,Sahakari Vipnan Sanstha Maryadit, Kawardha, District Kabirdham. Versus 1. Stats of Chhattisgarh, Through Secretary, Department of Cooperative, Principai Secrstary, D.K.S.Bhawan, Mantralaya, Raipur (Chhattisgarh) Rsgistrar, Coopsrative Socistiss, Stete of Chhattisgarh,Raipur(Chhattisgarh). Collector, Kawardha Distrtet Kabirdham. 4. Managsr (Vyasthapak) Sahakari Vipnan Sanstha Maryadit, Mandi Compound, Kawardha Dsstrict Kabirdham. 5. Deputy Rsgistrar, Cooperative Society, Kawardha, Distt. Kabirdham. Writ Petition No.3580 of 2004 Damru Dhar Yadav, Aged about 48 years, S/o Late Shri Buddhu Ram Yadav, Chairman, Jila Sahakari, Krishi Aur Gramin Vikash Bank Mar/adif, Raigarh (Chhattisgarh) Versus 1. State of Chhattisgarh, Through the Secretary, Oepartmsnt of Cooperation, D.K.S.Bhawan, Maritra.'aya, District Raipur (Chhattisgarh) 2. Registrar, Cooperative Socisties.^Stete of Chhattisgarh, Raipur (Chhattisgarh)— PEriTIONER RE IPQNDEWS PETITIONER RESPONDEWS 3. Coliector, Raigarh Distnct, Raigarh (Chhattisgarh) and appointed prescribed authority for the Jila Sahkari Krishi Aur Gramin VikasBankMaryadit, Raigarh. 4. Jiia Sahkari Krishi Aur Gramih Vikas Bank Mar/adit, Raigarh (ChhatiJsgarh) 5. Deputy Registrar, Coopsrative Societies, Opposite Bunkar Sangh, Raigarh (Chhatt'sgarh) Writ PetitiQR No.4340 of 2005 Mohan La! Patsl, Agsd about 56 ysars, S/0 Late Shri Uday Ram Patei, Chairman, Vipnan Sahkari Samiti Maryadit,Balod, Disfrict Durg (ehhattisgarh) Versus 1. State of Chhattisgarh, Through the Sscretary, Department of Cooperative, D.K.S.Bhawan, Mantraiaya, District Raipur (C-hhattisgarh) 2. Rsgistrar, Cooperative Socisties, State of Chhattisgarh, Raipur (Chhattisgarh). ' 3. Joint Registrar, Cooperative Socjstiss, State of Chhattiggarh, Raipur (Chhattisgarh) 4. Depirty Registrar, Vipnan Sahkari Samiti Maryadit, Balod, District Durg (Chhattisgarh) 5. Jifa Sahkari Vipnan Sahksri Samiti Maryadit, Baiod.District Durg (Chhattisgarh) Writ Petition No.4953 of2005 Parmanand S/o Laxmi Prssad Patei, aged about 54 years Ex Chairman of the Supsrcedsd Vipar.aR Sahakari Samitj Maryadit, Sarangarh P.S. & Tehsil Sarangarh, Distt.: Raigarh(CG.) Versus 1. Stats of Chhattisgarh, Through the Secrstary, Department of Cooperative, D.K.S.Bhawan, Mantra!aya, District Raipur(Chhattisgarh) Registrar, Cooperativs Society, State of Chhattisgarh, Raipur. PETITiONER RES^ONDENTS PE7 TIONERS RESPONDENTS 3. Joint Regsstrar, Coopsrative Society, State of Chhattisgarh, Raipur (C.G.) 4. Dy. Rsgistrar, Co-operative Socistiss, Raigarh (C.G.) Wrif PetitiQR No.5479 of 2005 Rohit Kumar Sahu S/o Chaitram Shahy, ^ed about 34 Years Chai'rman, Vipnan Sahkari Samiti Maryadit, Bemetara, Tahsil Bsmetara, djstt. Durg- Versus 1. State of Chhattisaarh, Through theSecrstar>', Department of Cooperative, D.K.S.Bhawan, Mantralaya.District Raipur(Chhattisgarh) 2. Rsgistrar, Coopsrativs Societies, Stats of Chhattisgarh, Raipur(Chhattisgarh). 3. Joir.t Registrar, Cooperativs Societies, State of Chhattisgarh, Raipur (Chhattisgarh) 4. Dy. Rsgistrar, Vipnan Sahkari Samiti S/Iaryadit, Bemitra, Dist. Durg (Chhattisgarh) 5. Jila Sahkari VipnaR Sahkari Samiti Maryadit, Bemitra, District Durg (Chhattisgarh) Writ Petition No.6135 of 2005 1. Ganga Ram Ssnha S/o Muiachand, Occupation - President of Gramin Sewa Sahakari Samiti sarkara aged about 55 R/Q Sarkara, P.S. Vithydeeni.Dist. Mahasamund (C.G.) 2. Vssr Singh S/o Pratap Singh aged about 60 years Occupation-President of Gramin Sewa Sahka" Samiti Sonasi'iy, R,/o Vi!!ags So"asi!!y Dist.Mahasamuhd. 3. Battish Ram Thakur S/o Naraya." sged about 65 years occupation - President Gramin Sewa Sahkai Samiti Badhipali Mahasamund, Dist. Manasamund. Wrsiis 1. The State of Chhattisgsrh, Th.rough the PE'il TJONER RE^PONDENTS PET TiONER RESlPONDENTS ^ Secrsta"/, CSspartmsnt of ;opsrat!ve, D.K.S.Bhawan, Mantrataya, Raipur (C.G.) 2. Registrar, Coopsrative Society, Stats of Chhattisgarh, Dist. Raipur (C.G.). 3. Joint Registrar, Cooperativs Socisty, Rsipur (C.GJ 4. Dy.Registrar, Vipnan SahkariSarniti Maryadit Mahasamund Dist. iviahasamund Ctihattisgarh. 5. MahasamundSahkariyipnanA^vam Prakirya Samiti Mahasamund, Dist. Mahasamund (C.G.) Writ Petition No.626 of2006 BABURAM CHANDEL S/o Lato Shri Pilaram Chandel, aged 53 years, Jatadharra. P.0. Barhapur Tahsil Dhambha District Durg (C.G.) Versus 1. Ths State of Chhattisgarh, Through the Secretary, Department of Co-operative, D.K.S.Bhawan, Mantrateya, Dsstrict Raipur (Chhattisgarh) 2.RsgislT3r, Coopsrativs Societies, State of Chhattisgam, Raipur (C.G.). 3. Deputy Registrar (Co-operative Societiss), Durg, District Durg (Chhattisgarh) 4. Sshkari , Vipnan Sahkari Samiti Maryadit, Dhamdha, District Durg (C.G.) Writ Petition No.3268 of 2004 Mohan Lal Patsl, Aged about 56 years, S/0 Late Shri uday Ram Patel, Chairman, Jiia Sahkari, K"sh.' Aur Gramin Vikas Bank Maryadit, Durg, A cooperative society registerea under the provisions ot the Chhattisgarh Cooperative Societies Act, 1960 Versus 1. Stats of Chhattisgarh, Through ths Secretar/, Department of Cooperative, D.K.S.Bhawan, ?.4antra!aya, District Raipur (Chhattisgarh) 2. Registrar, Coopsrative Societiss, Stateof Chhattisgarh, Raipur (Chhattisgarh). 3. Colisctor, Durg District Durg (Chhattisgarh) and appointed prescribed authority for the Jila Sahkari Bhumi Vikas Bank Maryadit, Dyrg. 4. Jiia Sahkari Krishi Aur Gramih Vikas Bank Maryadit, Durg (Chhattisgarh) Deputy Registrar, Cooperativs Society, Opposite Bunkar Sangh, Durg (Ghhattisgarh) PRESENT: Shq l^anak Tiwari, learnsd Sr.^Counsei w^h Shr^PratsskSharm»^leamed oup^el for the petitioners in W.Ps. No.3580of 2004,1662 of2005,2881 of 20Q5, 4340 of 2005 and 3269 of 2004. Shr ,*anindraShrivastava, Isarned Sr. Counsei v/ith Shri Amrito Das, ii< iearh^ci Counsei for the petitioner in W.P.no.4377of 2004. Rahul Jha, Isarnsd Counsel for fte petitioner in W.P.318 of 2005. Shri Shri S.N.Nande, tearnsd counse! for the pstitionsrW.P.No.4953 of2005 Sanjay K. Agrawal.iearned counsel forthe petitioner in W.P.No.5479 of2b05. Smf. fenu Kochar, teamed counss! for ths petitioner in W.P.No.6135 of 2005! Shrj f^.S.Shrivastava, ieamed cpunss! for the petitionerin W.P.No.S26 of 20QP. ShrJ jRav^h Chandra Agrawal, Isarnsd Adwcate Genera!^ and^ Shri PrasHant Mishra, iearned Additjonal Advocate General with Shri Utkarsh Ve>"t"a, Isarnsd Dy. Govt. Advocate for ths State of Chhattisgarh. Shr Gr£<pifnVlkasBank Maryadit, Raigarh. Rajssv Shrivastava, iearnsd counsei for ths Zi!a Sahakari Krishi Aur ORDER (Passed on 13 ^pecember, 2005} PeriWiav Kumar Shrivastava. J. have had an opportunjtyto read the drsftorder prsparsd by my !saitn?d Brothsr DilipRaosaheb Dsshmukh.J. Having psrussd the sams -a—^' ___ witlj? <iue consideration, 1 regret my inabiiity to agree v.'ith the opinion of Deshpiukh, J. Hencs, this ssparafs opinion of mine. Constitutiona! vaiidit/ of ths Chhattisgarh Co-operaSve Socisties jepdmsnt) Act, 2004 (No,22 of 2004} has been assailed in a!I thsse petitiqns. For brevity the amsndment providsd thsrsin is rsproduced \/^li beiOw "AmeRdment of Ssction 49.—!n Section 48 ofthe Chhattisgsirh Co-opsrative Socisties Act, 1960 (No.17 of 1961) (hereinafter referred to as the Principal Act) :- 1 (1) Sub-sectio" (7M) and (7AA.A)sha!! be omittsd. (2) Sub-section (8) (i) and (ii) the roiiowing shall be fsubstituted. "(8) If the eiections are not he!d before the sxpiry of the term specifjed in sub-sectjon (7A) or the extended term |under de'stsd hsrein bsfore sub-ssctio" (7AA), a!l the Imsmbers of the committee shail be deemed to have vacated their seate and the powers of the committee shali be ideemed to have bsen vested in fhe Registrsr snd ths iRegistrar shaii hojd eiections as early as possible: 1 Providsd that ths Rsgisfa'ar may authorize any officsr to exercisethe powers ofthe committee vested in him under this sub-section and the ofRcer so authorized sha!! exerolse such powe?s from the ciats of such suthorizaSion." Histdf J19SOF snacffi TheM.P. CooperaSive Socisties Act, 1960 (hencsforth, "the Act, ') has come into force on 15' dayofMay, 1962andthelawhas been ^ with ths foiiowina objects and reasons: 1960 "At prsssnt different !aws on Co-operatives ars in force in the constituent units of the new State of Madhya Pradesh. !n order to haye one uniform law forihe wnoie Stato and with a view to strengthening and developing the Co-operative Movement and to sxSend ths assistance by ths Stateincludins Stats partnership, wherever necessary, it has been feltthat g rioyy faw on Co-operstionmay bs snscted. Rurther, vids amendment Act No.120f 1994, the objscts pfths Act, t/4s substituted as bsiow: "An Act to organize and dsvelop Go-opsratives ss democratic jnstruments and people's instjtutions bassd cn self he!p, and mutua! aid and for curbing expioitation and ensuring socio-economic development of peopte with particu!ar emphasis on wsaker sections of society." , The Act, 1960 was amendsd from timeto tims, butths purposs of the ^ct, 1960 remains to organize and develop co-operative as an efF^tive dsmocratic insfrument for curtaili'Rg exploitation and snsuring soc o^economic justice to peopls's v/ particu.'ar smphasis on weaksr «?.^^»Tl^rti •y^vifciviia, Section 49 has a pivot roie in the Act, 1960. Section 49 of ths on'gina! Act te reproducedas bsiow : "48. Annua! Genera! Bfleeting.—(1) A gsnsral meetingof asocietyShali be held at least oncein a year for the purpose of— (a) approvai of the programme of the actiyities of the society prepared by the committee forthe ensuing year; (b) elect'or,, ifany.in theprescribedmsnnerofths memtiers ot tne committee; ' . (c) considsratio" of the audit report and ths annua! report; (d) djsposal of the net profits; and (s) consideration of any other matter which may be broughtforward in accordance with the bye-laws. (2) Notice of such mseting sha'! bs sent to the Assistant Registrar oftne District in which the society 's sitiiate, at least fourteen clear days bsfore the date ofthsmssting. (3) The Assistant Registrar may himself attend such meeting or dspute any Qfficsr subordjnate to him to attend it. ' (4) The Assistant Registrar or the officer deputed by him, shail havs the rightto address the mesting in respect of any matter pertaining tp the subjects spscified in clauses (a),(c), (d) and (s) of sub-section (1)." ;• "' " : 1'. . ' .•- To achievs democratic objsctives ths aforssaid provision was amepdsd from time to tims and itsjoumsyappears to go long way. ide Amendment Act No.8 of 1970:- "Amendment of Section 49.—Insection 49 of s Principa! Act,- (a) For syb-section (1) the fotlowing sub-section shail besubstituted, nameiy:- '()) Every socieiy shaii within a period of twetye months from the dat®of last annual gsneral mssting ca!i a genera! msetir.s of ite members for the purpose or-' (a) approval of the prQgramme of the activities of the society prepared by the committsefortheensuingyear: (b) etection, iffaiisR due in ths prescribed manner ofthe members of'thecommittee ; Explanation — Etection ofthe committes shall bedeemedto hayefaiien due, ifthe term ofthe committee ac.Gording to its bye-!aws coniesto an snd within a period ofthree months from the date oftheannual general meeting or if an etection has otherwise falten due accordjng to ruies or bye-iaws; (c) considwation of the audit report, if recsJvsdandtheannyaiTsport; • (d) disposalof thenet profit; (e) consideratjon of any other matterwhich may be brought forward in accordance with the bye-taws;and (f) to elsct detegates, if any, for representing the society in ofter societies: Provided that ths Registrar may, extsnd the period for hoidingsuch meeting bya further period not exceeding three months.'; (b) after sub-section (4), ths following sub-section shalf beadded, namely:~ '{5} !f defauft ss made in ca!!ing genera! meeting within the period prescribed therefor under sub-section (1) or in complying with thfl requirement of sub-ssction (1), the Rsgistrar may, by orcier, deciare anyofficer whose duty it was to cal! such mssting or comply with the provisions of sub-section (1) and who withoyt reasonable excuse failed to complywth any of the prowstons of aforssaid sub-ssction, to ba disquaiified for being eiected or being in orfice for such period not sxcesding three years, as he may specify in such order and if the officer !s an employee ofthe society impose a penalty on him of any amoynt not exceeding fivs hundred rupees: Provlded that RQ order shal! be made under th6 syb-ssction uniess the person concerned is given a reasonabie opportunity or being heard." -CL. 10 Wds Amendmsnt Act No.14 of1976:- "Amendment of Section 49.- Princi'ps! Act,— !n section 49 of the (!0 (7) for clause (t) of sub-section (1) the foliowing c!ausesha!l be substituted, namely :~ '(f) presenting the budget for the next co- operativeyear,'and aftsr sub-ssction (5), the followins sub-sectron shai! be inserted, nameiy :- "(6) If the bys-.'aws o? a soci'sty proyjdes for eiection of all or some members of the committee on territorial basis, such members offte committse sha!! be elected from the srga in a mesting pffhe msmbers of that area in accordance with the provisions orthe bye-iaws in a dats prayer to that pf gsnsra! meeting. The resuits tngreof shaii be affixed on the notice board of the society and ateoat the ptece of ths gsnera! meeting prayer te ths commencement of the proceedings in annuai general meeting. (7) At every annual generai meeting of a society, the committee shal! !ay before the societya statement showing detaits of loans or advances, if any, outsfanding during the precsding years.in the name of the msmbers of the CQmmittee, their famiiy members and near relations. ExplanatSon.—Fo!the purpose of sub-ssction (7), famiiy members and near reiations shall inc!ude v/ife, husband, father, mother, brother, sistsr, son, daughtsr, father's father, father's brother, father's sjster, mothers father, mothsr's brother or ssster, father's brothsr, son or daughtsr, fafrisr's sister, son or daughter, mother's brother's son or daughter, mother's sister's so" or daughte.1', brothsr's son or daughter, son's wife; daughter's husband, son's son, daughter, daughter's son or daughter, wifs's fathsr or mothsr, wifs's brother or sister, wife's sister's son or daughter, husband's brother, husband's brother's wife, husband's brother's son srdaughter. (8) It shall be obiigatory on the outgoing committee of asocisty to ho!d elections of Lhe incoming committee prior to the period prescribed in jts bye-laws. !f the committee faite to conduct elsctions and has not handsd over chargs on the date prescribed in ths bys- laws, aii the members of the committee shall be dsemed to havs vacatsd their seats and the. 11 Registrsr shali assums charge til! the next etections are held and me new comroittee takesovsr charge." Vids Amendment Act No.5 of 1978 :- "Amend?nsnt of section49.—lnSsction49 of ths Prindpa! Act,- (i) in syb-section (1),- (a) after clause (f), the fotowng clause shal! be inserted, nameiy :~ '(g) election of detegates, if any, for representing ths societ, in othsr societies; (b) for the existjng proviso, the foiiowing proviso sha!! be substituted, namsiy :- 'Provided that the Registrar may save the meeting in which etections are to be he!d on expiration of the term of the committee specified in sub-section (7-A) extend the period for hoiding such mseting, by a further period not exceed!"g thrse monms.'; '(ii) after sub-section (7), the following sub-sections shal! bsinserted.nameiy:- '(7-K) Notwithstanding anything contained in this Act or the pjles made thereunder or ths bye-laws of a society,— (>) the term of the committee. (ii) the term of ths delesst®eiscted under clause (g) ot sub-sectjon (1) shall tre three ysars from the dats of the annual genera! meeting or speciai generai meeting, as the case may be, of the society in which the eiection isheid: Providsd that with a visw to constitute committsss so as to bring uniformity intsrm of committees of any class of society the State Go'/smment may, by genera! ordsr, direct that the term of committee inoffice shali expire on the date spwified in the order: Provided further that the foregoing proviso shall cease to have enect on the 24 , November, 1978. (7-B) On issue of an ordsr under fte first proviso to sub-section (7-A), the Registrar shait appoint a person or persons to manage ths affairs of ihe society titl the new eieciions are held and the Gommittee takes charge. The new elections shall Be held as eariy as possibls and in ar.y case within a period of one year trom the date ot the said order. (7-C) The prQvteions of sub-ssctions (4), (5) and (6) of section 53 shall appiy to t'ne person or persons appointed under sub-sectson (7-B) as they apply to the person or pereons sppointed under thst section.'; ^^——! 12 fliQ for sub-section (8), ths followinfl sub- section shaii be substituted, namely;- '(8) !t sha" be obligatopy on the out going committee of society to hoid eieciionsof the incoming committing prior to the expiration ofthe term specified in sub-sectioR (7-A). if ths committes fails toconduct elections and has not handsd over charge on expiration of the term specffied in sub-section (7-A), aii the members of the committee shaii be deemed to have vacated their seate and the Regisfrar sha!! assume chargetii! ths nsxt slsctions are held.and the new committee takesover charge.". Vide AmendmsRt Act No.7 of 1979 :- "AmendmsRtofSection49.—lnsub-section 7-B of section 48 of the Madhya Pradssh Co-opsrative Societies Act, 1960 (No.17 of 1961) for thewords "in any case withina period of one year from the date of thesaid order" thewords and figures "in any case by the 31st December, 1979" sha!! be substituted." Vids Amsndment Act No.50f1980:- "Amendmsnt cfSsetion 49.—insub-section (7-B) of section 49 of the Madhya Pradesh Co-operative Socisties Act, 1960 (No.17 of 1961), forthe words and ngures "in any case by the 30 June 1980", t'ns words and figures "in any ca.se bythe 31st December, 1980'',shall be substifaited and shaii b®deemed to have been substituted with effect from the 12' April, 1979." Vids Amendmsnts Act No.3 of 1982 & No.28 of 1982:- "Amendmsnt of Sectior. 49.—Insection 49 of the Madhya Pradssh Co-opsrstjvs Societies Act, 19SO (No.l7of1961),- (a) after sub-section (7-A), the foHowing sub- seciion shail be inserted, nameiy ;- '(7-AA) The State Government may, by notificatio", for rsasons to bestated thsrein, extsnd ths term of— (0 the Committee of a society or class of socistles; or Qi) the dslegate eiected under etause (g) of sub-section (1), as specined in sub-section (7-A), from tims to tims, for a total period not exceeding one year.'; (b) for sub-section (8), the foltowing sub-section shall bssubst'itutsd, nameiy:- (8) It shal! be obligatory onthe outgoing of society to hoid stectiop.s of the incoming cornmittse prior tQ 13 fhs expiration of ths tsrm specifisd ;n sub-ssction (7-A) or extended term under sub-sectjon (7-AA). If ths C-ommittse faite to conductsiections and has not handsd over charge on expiration of th$ tsrm specified in sub-section (7-A) or extended term under sub-section (7-AA), a!l the members of the committee shaii be deemed to have vacaied their seats and the Registrar sha!! assume charge tHlthe next etections ars hsid andthe new committes takes ovsr charge" "Amendment of Section 49.—Insection49 ofths Principat Act,-- - (a) in sub-section (7-A) for clauses (i) and (ii), the fo!!ow!fig c'ausss shatl b©substituted, nsiTiQly ;-" (i) the termof the committee shail bs tnree years from the date of the annua! genera! mesting or specia! general mesting.as ths case may be, ot ffie society in whicn the election is he!d: (ii) ths term of the delegate elected under clause (g) of sub-section (1) shall be co- terminus wsth the tsrm of ths committee ofthe sociefr/ for which such delegats is slected; (b) in sub-section (7-B) for the words and figures jti gny cagg i^y y'ig 30 Juns 19S2 the wofds and figures 'in any case by the 31s December 1983' shaii bs substituted." yidsAmendmentAct No.3 of 1985:- -In section 49 of the "Amendment of Section 49.- PrincipalAct,- -. (i) after sub-sectibn (1), tne foilbwing sub-section sha!! be inserted and shal! be deemsd to have been inserted witn effect from tne 1 January, 1983, namsly;- '(1A) the etection ofmsmbers of the Committee and delegates, if any, for representing the society in any other society shal! be conductsd by the Returning OfRcer.' (ii) in sub-section (7-B) for the figures, letters and "worus '31 December, 1984', the figures.letters and words '30"' June, 1985', shall be substituted." Vide Amendmsnt Act No .23 of 1986:- "Amendmentof Section49.—lnsection49 of ths Principa! Aet, (a) in sub-sections (2), (3) and (4) for the words 'Assistant Registra!'', ths words "D^puty/Assistant Registrar', shaii be substiiuted ; -— — 14 (b) (b) in sub-section (7) fcr the existing sxpianation the foilowing explanation shaii be substituted, namely:- 'ExpiwiaSon.— For the purpose of sub-section (7), family members and near relations shal! include wife, husband, father, mother, brothsr, sister, son, daughter,son-in-law,wjfe's brother, sister's husband, wife's sister, brother's wsfe and daughtsr-in-iaw,'; (c) forsub-section (8), the foilowingsub-section sha!! besubstituted, namety— '{8)(i} It shai! bs obligatory on ths putgoing committee.of society to hold eiections prior to the exp'ratiQnof the term spscified in sub-ssction (7-A) or extended term under sub-section (7-AA). The outgoing committee shatl apply to the Registrar for appointment of a Retuming Officer within a reasonable time which shall not be in any case iess tha" thrss ryiQ"ths bsfors sxplrstio" of the tsrm of GOmmittee; (ij) tf thscommittee failsto hold eiections andhas not handsd over charge on expiration of the term specined in sub-section(7-A) or extended term under sub-section (7-AA) toths Rsgistrar or any officer authorized by him in this behalf, aii the members of the committee shallbe deemed to have vacs.ted thgir ssats and the Registrar shai! assume chargeand hoid eiections as early as possibie." Vide Amsndmsnt Act No.25 of 1988:- "Amencimsnt of Section 48.- PrincipaiAct,- -In section 49 of the (i) clause (g) of sub-section (1) shali be omitted; (ii) for sub-seetion (I-A), the fo"Qwing sub-sectio" shaii be substituted, namely :- (1-A) The election of membsrs of the committee shall bs conductsd byths Returning Officer. Notwithstanding anythingcontairied in this Act or rulss framed thereunder or bye-laws of the society, oiection of the representatives shall be conducted by th.e committing from amongst thsmselves: Provided that in case of resource society, where not less tha" half of the tota! numbsr of msmbers of such sociefr/ bslong to Scheduied Castss and Schedulsd Tribes— (a) for representation on resource socistiss, the representative shaii be oniy from among the members of the committee bslonging to such castes andtribes; and (b) for representation of non-resource socsetiss, the representative may be from annong the members of the ^committee irrespective of his caste or tribe ;~~ 15 ^^A ^ (iii) in sub-section (5),- (a) for the words "Five hundred Rupees", the words "Fivs thousand Rupees" shal! be substituted : (b) for the proviso, the foltowing proviso shail basubstituted, name!y:- 'Provided that no order shali