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State of Kerala - Act

Kerala State Handloom Weavers' Co-operative Society (Special ProviSions) Act, 1960

KERALA
India

Kerala State Handloom Weavers' Co-operative Society (Special ProviSions) Act, 1960

Act 6 of 1960

  • Published on 11 April 1960
  • Commenced on 11 April 1960
  • [This is the version of this document from 11 April 1960.]
  • [Note: The original publication document is not available and this content could not be verified.]
Kerala State Handloom Weavers' Co-operative Society (Special ProviSions) Act, 1960(Act No. 6 of 1960)Last Updated 6th December, 2019[Dated 11.04.1960]An Act to make special provisions for the formation of the Kerala State Handloom Weavers' Co-operative Society.Preamble. - Whereas It is deemed necessary to make special provisions. for the formation of the Kerala State Handloom Weavers' Co-operative Society;Be it enacted in the Eleventh Year of the Republic of India as follows:-

1. Short title, extent and commencement.

(1)This Act may be called the Kerala State Handloom Weavers' Co-operative Society (Special ProviSions) Act, 1960.
(2)It extends to the whole of the State of Kerala.
(3)It shall come into force on such date as the Government may, by notification in the Gazette, appoint.

2. Definitions.

- In this Act, unless the context otherwise requires,-
(1)"Madras Act" means the Madras Co-operative Societies Act, 1932, as in force in Malabar;
(2)"Malabar" means the Malabar district referred to in sub-section(2) of section of the States Reorgamsation Act, 1956 (Central Act 37 of 1956);
(3)"Travancore-Cochin Act" means the Travancore-Cochin Co-operative Societies Act, 1951;
(4)"Kozhikode Society" means the Kerala Handloom Weavers' Co-operative Society, Limited, No.142, Kozhikode;
(5)"Trichur Society" means the Cochin Central Co-operative Cottage Industries Marketing Society, Limited, No. 401, Trichur;
(6)"Trivandrum Society" means the Travancore Sree moolam Handloom Weavers' Central Co-operative Society, Limited, No. 508, Trivandrum;
(7)"Registrar" means the Registrar of Co-operative Societies appointed under section 3 of the Travancore-Cochin Act;
(8)"State" means the State of Kerala.

3. Formation of the Kerala State Handloom Weavers' Co-operative Society.

- Notwithstanding anything to the contrary contained in the Madras Act or the Travancore-Cochin Act.-
(1)where the TriChur Society devides itself into a handloom weavers' co-operat1ve society and one or more other co-operative society or societies, and the Trivandrum Society is reconstituted or reorganised under section 5A of the Multi-Unit Co-operative Societies Act, 1942 (Central Act 6 of 1942). then it shall be law-full for-
(i)the handloom weavers' co-operative society formed by the devision of the Trichur Society;
(ii)the co-operative society formed by the reconstitution or reorganisation of the Trivandrum Society and functioning in the State; and
(iii)the Kozhikode Society, to amalgamate as a single co-operative society in accordance with the procedure specified in sub-section (1) of Section 16 of the Travancore-Cochin Act, and for the purpose oi such amalgamation the Kozhikode Society shall be deemed to be a cooperative society registered under the Travancore-Cochin Act;
(2)if for any reason the amalgamation of the three societies aforesaid does not take place within three months of t e commencement of this Act or within such further time as may be allowed by the Registrar in this behalf and the Registrar is of opinion that the amalgamation of the three societies is necessary or desirable for Increasing their strength or usefulness, he may, after consulting, in the manner prescribed by rules made by the Government, the financing banks to which the societies are indebted, call upon such societies to amalgamate within such time as may be specified by him into one co-operative society in accordance with the procedure specified in sub-section (1) of section 16 of the Travancore-Cochin Act;
(3)if the societies fail to amalgamate into one society within the time specified by the Registrar, he may, after giving an opportunity to the Committee of each of the societies to stale its objections, if any, direct the amalgamation of the societies into one society and thereupon the provisions of clauses (iii) to (vii), both inclusive, of sub-section (lA',of section 16 of the Travancore-Cochin Act shall apply in respect of the amalgamation of the said societies:Provided that the first bye-laws of the co-operative society formed by the amalgamation of the three societies in pursuance of this clause shall be made by the Registrar and he shall forward a copy of the said bye-laws to the committee of each of the societies when giving it·opportunity under this clause to state its objections, if any, in regard to the proposed amalgamation;
(4)the co-operative society formed by the amalgamation of the three co-operative societies in pursuance of clause (1), clause (2) or clause (3) shall be registered as a co-operative society under the Travancore-Cochin Act and it shall be called the Kerala State Handloom Weavers' Co-operative Society, hereinafter referred to as the Apex society;
(5)the area of operation of the Apex society shall be the whole state;
(6)any handloom weavers' co-operative society registered or deemed to be registered under the Madras Act and having its area of operation in Malabar shall be entitled to become a member of the Apex society in accordance with and subject to the provisions of the Travancore-Cochin Act, the rules made thereunder and the bye-laws of the Apex society, as if such handloom weavers' co-operative society were a co-operative society registered under the Travancore-Cochin Act;
(7)where a handloom weavers' co-operative society registered or deemed to be registered under the Madras Act becomes a member of the Apex society, whether consequent on the amalgamation or under clause (6), the rights and liabilities of that member society as such member and the rights and liabilities of the Apex society in its relation to such member society, shall be governed by the provisions of the Travancore- Cochin Act. the rules made thereunder and the bye-laws of the Apex society;and for the purposes afore5aid the Travancore-Cochin Act shall be deemed to extend to the whole State.

4. Provisions of the Madras Act to govern in certain matters.

- Save as otherwise pr0vided in section 3, the rights and liabilities of a society registered or deemed to be regiStered under the Madras Act, which has become a member of the Apex society, whether consequent on the amalgamation or under clause (6) of section 3, shall continue to be governed by the provisions of the Madras Act, the rules made thereunder and the bye-laws of that society.

5. Power to make rules for facilitating amalgamation.

(1)The Government may, by notification in the Gazette, make rules providing for such incidental consequential or supplementary matters am their opinion are necessary for fully and effect fully carrying out the purposes of this Act.
(2)All rules made under this Act shall be laid for not less than seven days before the Legislative Assembly, as soon has possible after they are made and shall be subject to such modifications,whether by way, of repeal or amendment, as the Legislative Assembly may make during the session in which they are so laid or the Session immediately following.

6. Power to remove difficulties.

- If any difficulty arises in giving effect to the provisions of this Act, the Government may, as occasion may require, do anything, not inconsistent with such provisions, which appears to them to be necessary for the purpose of removing the difficulty.