The Tamil Nadu Co-Operative Societies (Appointment of Special Officers) Act, 1991

What the Act governs

The Tamil Nadu Co-Operative Societies (Appointment of Special Officers) Act, 1991 applies to a primary society, as defined under the Tamil Nadu Co-operative Societies Act, where an election was held in 1990. It was enacted following concerns about representation on boards, the balance between elected and nominated members, alleged election malpractice and management of primary co-operative societies.

The Act identifies 28 July 1991 as the appointed day. Its principal effect was to replace the existing boards of the covered societies with Government-appointed Special Officers for a temporary period.

Main provisions

The Tamil Nadu Co-Operative Societies (Appointment of Special Officers) Act, 1991 provides that:

• The term of every elected or nominated board member of a covered primary society expired on 28 July 1991.
• The president and vice-president also had to vacate office from that date.
• The Government had to appoint a Special Officer to manage each affected primary society.
• The same person could be appointed as Special Officer for two or more primary societies.
• A Special Officer could exercise all or any functions of the board or an officer of the society, subject to the Registrar's control and directions.
• Remuneration and approved management expenditure were payable from the primary society's funds.
• The Special Officer had to arrange for a new board to be constituted under the Tamil Nadu Co-operative Societies Act, applicable rules and the society's by-laws.
• The Government could create an advisory board of no more than five non-official members. The Special Officer had to consult it on matters concerning the society's affairs.
• Legal proceedings could not be brought against a person for action taken or intended in good faith under the Act.
• Election disputes, appeals, revisions, reviews or other election proceedings pending on 28 July 1991 were to abate.

Amendments and practical relevance

The source records amendments numbered 50 of 1992, 3 of 1993, 29 of 1993, 5 of 1994, 59 of 1994, 5 of 1995, 31 of 1995, 3 of 1996, 13 of 1996, 20 of 1996 and 5 of 1997. The 1992 amendment extended the original Special Officer period from one year to one year and six months. A reproduced 1994 amendment later substituted a three-year period for a two-year and six-month period.

The Act does not itself transfer land or decide ownership. A buyer, owner or professional dealing with an affected primary co-operative society may need to establish whether a board or Special Officer had authority to act for that society at the relevant time.