97th constitution amendment act
Radhakrishnan K.V.
(Querist) 02 May 2013
This query is : Resolved
What could be the provisions of BR Act 1949 mentioned in the 3rd provso of Clause 243ZL which is as follows:-
"Provided also that in case of a co-operative society carrying on the business of
banking, the provisions of the Banking Regulation Act, 1949 shall also apply:"
ajay sethi
(Expert) 03 May 2013
academic query . state facts of your case
Radhakrishnan K.V.
(Querist) 03 May 2013
My question is not only academic but pragmatic also. Co-operative laws prevailing in the States are required to be amended to make it in consonance with the proviso in question. in my view no State Government had understood what the said proviso really means. Therefore State Governments have amended their Co-operative laws in different ways. As a consultant of Laws related with Co-operative societies I am supposed to advise the MLAs and others involved in law-making on the implications of the provisso. Hence the querry. Even otherwise this stands as a question of law.
Raj Kumar Makkad
(Expert) 03 May 2013
It shall be better for you to send your views to Department of Law, Govt of India with copies to Law departments of all States so that those may be benefited with your views.
Hemant Agarwal
(Expert) 05 May 2013
Constitutional (97th Amendment) Act: Declared Ultra Vires by Gujarat HC:
check out the following link:
http://www.lawyersclubindia.com/forum/Constitutional-97th-amendment-declared-ultra-vires-79572.asp
Keep Smiling .... Hemant Agarwal
J K Agrawal
(Expert) 05 May 2013
It means that if a Board of Co op Society is superseded or suspended and the Co op society is involve in banking business the provisions of BR should also be considered along with the conditions enumerated under Clause 243ZL.
The drafting of this clause is totally confusing and if it says 6 month it actually means 1 year for 99% societies and 6 month for 1% or say .01% societies.
Radhakrishnan K.V.
(Querist) 05 May 2013
My query stands unresolved. I sought the advice of experts on which specific provisions were in the minds of the law makers at the time of drafting and enactment of 97th Constitution amendment. Apt reply will be suitably rewarded.
Radhakrishnan K.V.
(Querist) 07 May 2013
In other words, is there any provision in BR Act related to supersession of Board of directors of co-operative societies other than multi state co-operative societies?
