Part IXB: Co-operative Societies

Article 243ZS: Application to Union Territories

Original Article:

The provisions of this Part shall apply to the Union territories and shall, in their application to a Union territory, having no Legislative Assembly as if the references to the Legislature of a State were a reference to the administrator thereof appointed under Article 239 and, in relation to a Union territory having a Legislative Assembly, to that Legislative Assembly:

Provided that the President may, by notification in the Official Gazette, direct that the provisions of this Part shall not apply to any Union territory or part thereof as he may specify in the notification.

Explanations:

Article 243ZS ensures that co-operative society provisions apply effectively to Union Territories (UTs). It recognizes the administrative diversity of UTs and adapts accordingly, distinguishing between those with and without Legislative Assemblies.

• UTs without Legislative Assemblies: References to state legislatures are interpreted as references to the Administrator appointed under Article 239.
• UTs with Legislative Assemblies: These provisions are implemented through the Assembly, ensuring democratic governance.

Legislative History:

Article 243ZS was introduced by the Constitution (97th Amendment) Act, 2011, as part of the efforts to promote co-operative governance. It addresses the unique administrative setups of Union Territories, allowing flexibility in applying co-operative society laws.

Historical Significance:

By accommodating the administrative diversity of Union Territories, Article 243ZS strengthens the co-operative movement across India, ensuring that UTs benefit from the principles of transparency, accountability, and democratic governance.

Real-Life Examples:

In Chandigarh, a Union Territory without a Legislative Assembly, co-operative societies are managed under the oversight of the Administrator. This ensures centralized governance and streamlined operations.

In contrast, Puducherry, which has a Legislative Assembly, applies co-operative society provisions through its elected representatives, highlighting the adaptability provided by Article 243ZS.