Co-operative Societies (Temporary Provisions)

Co-operative Societies (Temporary Provisions) AN ACT TO KEEP IN FORCE CERTAIN ORDERS MADE BY THE MINISTER UNDER SECTION 43 OF THE CO-OPERA TIVE SOCIETIES ORDINANCE AS AMENDED BY EMERGENCY REGULATIONS MADE UNDER THE PUBLIC SECURITY ORDINANCE. BE it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Senate and the House of Representatives of Ceylon in this present Parliament assembled, and by the authority of the same, as follows: – Short title. 1. This Act may be cited as the Co-operative Societies (Temporary Provisions) Act, No. 43 of 1968. Date of commencement of the Act. 2. This Act shall come into operation on such date as the Minister may appoint by Order published in the Gazette. Keeping alive certain Orders. 3. Any Order made by the Minister under section 43 of the Co-operative Societies Ordinance, as modified by the Emergency (Miscellaneous Provisions and Powers) Regulations which were in force prior to the date of the coming into operation of this Act, in respect of any registered society, shall continue in force for a relevant period, and shall during that period be deemed to be an Order made under the said section 43 as if that section has effect, in its application in the case of such society and such society only, subject to the following modifications:- (1) as though there were substituted for sub-section (1) of that section, the following subsection : – “(1) If the Minister is of the opinion that the committee of any registered society is not performing its duties properly, he may, by Order in writing- (a) dissolve the committee; and, (b) direct that the affairs of the society shall be managed and administered by a person or persons appointed as herein-after provided, “; (2) as though there were substituted for sub-section (2) of that section, the following subsection:- ” (2) The Minister may, in his discretion, by Order in writing from time to time extend the period specified in any Order heretofore made by the Registrar, for such period as the Minister may determine.”; (3) as though there were substituted for sub-section (3) of that section, the following sub-section : – ” (3) Where an Order is made under subsection (1), the Minister shall by the same or subsequent Order appoint a fit and proper person or two or more such persons to manage and administer the affairs of the society, and may from time to time- (a) remove or replace any person so appointed by him; or (b) remove or replace any person heretofore appointed by the Registrar to manage and administer the affairs of the society; or (c) remove or replace any person so appointed by the Minister in replacement of the person referred to in paragraph (b) of this sub-section. “; (4) as though there were substituted in sub-sections (4) and (5) of that section, for the word ” Registrar “, the word ” Minister “; (5) as though sub-section (7) of that section were omitted therefrom; and (6) as though there were inserted at the end of that section, the following new sub-section :- ” (9) The Minister may, by Order in writing, delegate any of his powers or functions under this section to the Registrar.”. Interpretation. 4. In this Act- (1) ” registered society ” shall have the same meaning as in the Co-operative Societies Ordinance; (2) ” relevant period “, in relation to any registered society, means the period which commenced on the date on which the Order referred to in section 3 was made in respect of such society and ends on the date of the expiration of a period of four years reckoned from such first-mentioned date, or on such earlier date as the Minister may fix by Order in writing in the case of such society.