MATERIALS FOR UPDATION OF GOVERNMENT WEBSITE

(PARLIAMENTARY AFFAIRS DEPARTMENT)

  

CABINET DECISSION

  

29.06.2006

 

 

1.       Proposal to amend the Orissa Co-operative Societies Act, 1962 (Orissa Act 2 of 1963).   Approved.

 

1.        Elections in 5933 out of the 7808 functional Primary Co-operative Societies (that is, in  76% of such Societies) and in 60 out of the 146 functional Central Co-operative Societies (that is, in 41% of such Societies) had been completed prior to commencement of the Orissa Co-operative Societies (Amendment) Act, 2004 on 27.12.2004.

2.        Elections in the remaining 1875 Primary Co-operative Societies, in 86 Central Co-operative Societies and in all 23 Apex Co-operative Societies are required to be conducted in keeping with the provisions of the Orissa Co-operative Societies (Amendment) Act, 2004 in which a new reservation policy was introduced for reservation of seats for the weaker sections in the Managing Committees of Co-operative Societies and in keeping with the provisions of the Orissa Co-operative Societies (Elections to the Committees) Amendment Rules, 2005 enforced on 14.07.2005.

3.        On the 22^nd August 2005, the Govt. decision to hold elections in all the remaining Co-operative Societies where elections were due was communicated to the Registrar of Co-operative Societies (RCS) who is also designated as the Chief Electoral Officer (CEO) of Co-operative Societies under the Orissa Co-operative Societies Act.

4.        Immediately thereafter, on 25^th August 2005, the RCS-cum-CEO issued instructions to all the field officers to initiate and complete the election process in time.

5.        Meanwhile, in August 2005, two cases were filed in the Orissa High Court - one challenging the provisions of the Orissa Co-operative Societies (Amendment) Act, 2004 and the other challenging the provisions of the Orissa Co-operative Societies (Elections to the Comittees) Amendment Rules, 2005.

6.    Due to the Interim Order dated 31.08.2005 not to issue Notification for the election, passed by the High Court in one of the cases, the election process could not be started by the Registrar-cum-Chief Electoral Officer (RCS-cum-CEO).  The above Interim Order was not modified / vacated by the High Court.

 

 

7.        However, hearing in the case was closed on 22.03.06 and the judgement was reserved.  Final orders have not been passed in the case till date.  Hence, it cannot be stated with certainty when the above case will be disposed of by the Orissa High Court which will enable the RCS-cum-CEO of the Co-operative Societies to go ahead with conducting elections in the remaining Co-operative Societies.

8.        Even if the final order is passed at this point of time, which will enable the Registrar of Co-operative Societies to go ahead with the election process, it shall not be possible for him to complete the election process in the  remaining Co-operative Societies within the deadline of 02.07.06 as specified under the Act.

9.        The Cabinet, in their meeting held on 28.12.05, had approved the proposal for extension of the statutory period for holding the elections as provided under the Orissa Co-operative Societies Act for a further period of six months, beyond 03.01.2006, that is, upto 02.07.2006, by promulgation of an Ordinance which was subsequently replaced by an Act.

10.    Since the Orissa Legislative Assembly is not in session, it was decided by the Cabinet to extend the statutory period - last extended with effect from 03.01.2006 to 02.07.2006 - by another six months, that is, from 03.07.2006 to 02.01.2007 by promulgation of an Ordinance.

 

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