PROPOSED AMENDMENTS TO THE CO-OPERATIVES BILL, 2005

[B 4-2005]

ENABLING SECTION

 

On page 2, after "IT", to insert "THEREFORE"

 

CLAUSE I

 

1. On page 6, after line 20, to insert the following definition:

"deputy registrar" means a deputy registrar of co-operatives"

2. On page 6, in line 50, before "persons" to insert "natural"

3. On page 6. in line 50, to omit "and deputy registrar has a corresponding meaning

4. On page 6, in line 55, after "associations"' to insert" and may include other juristic persons

5. On page 7, in line 12, to omit "and"

6. On page 7, in line 12, after "apices" to insert "and other juristic persons"

 

CLAUSE 3

1. On page 7, in line 38, to omit "is deemed to comply" and to substitute complies".

  1. On page 5, in line 7, to omit "Despite subsection (1 )(b)".

 

CLAUSE 5

On page 8, from line 27, to omit subsection (2) and (3).

 

CLAUSE 7

1. On page 9, in line 10, after "constitution", to insert" of a co-operative".

2.On page 9, in line 10, after principles", to insert "referred to". CLAUSE 8

 

CLAUSE 8

0n page 9, from me 16, to omit subsection (2) and to substitute the following:

"('2) The department may provide a co-operative with the

necessary support, as contemplated in section 2 (f), if that co-operative-

(a) is registered as a co-operative in terms of this Act; and

(b) complies with the co-operative principles referred to in section 3.

 

CLAUSE 14

On page 11, in line 35, after "may" "to omit "assign" and to substitute "delegate"

On page 11, in line 44 after "votes" to insert" provided that no person may act 55 a proxy for more than twenty percent of the members entitled to vote at the meeting or for such lesser percentage of members stipulated in the constitution of the co-operative

 

CLAUSE 22

1. On page 14, in line 7, after "to" to omit "subsections" and to substitute subsection".

2. On page 14, in line 7, after "(2)", to omit "and (3)".

3. On page 14 from line 11 to omit subsection (2) and to substitute the following:

"(2) Subject to the Promotion of Access to information Act 2000 (Act No.2 of 2000), the board of directors may refuse to disclose records referred to in section 21(1) if the disclosure may be to the commercial disadvantage of that co-operative

4. On page 14 from line 15 to omit subsection (3).

 

CLAUSE 27

1. On page 15, in line 22, after "constitution", to insert "of a co-operative".

2. On page 15, from line 22, to omit subsection (3)'

 

CLAUSE 28

1. On page 15, in line 30, after "constitution", to insert "of a co-operative".

2. On page 15, from line 30, to omit subsection (1)

3. On page 15, from line 40, to omit Subsection (4)

 

CLAUSE 31

On page 16, in line 19, to omit "of the meeting".

 

CLAUSE 43

On page 19, in line 30, after "issued", to insert "and".

 

CLAUSE 44

  1. On page 19, in line 45, after "share capital", to insert "and".

2. On page 19, in line 51, after "constitution" to insert "of a co-operative".

3. On page 19, in line 52, after "constitution" to insert "of a co-operative".

4. On page 19, in line 52, after "constitution", to insert "and".

 

CLAUSE 45

On page 20, in line 13, after "co-operative", to insert "and".

 

CLAUSE 46

On page 20, in line 37, after "trustee" to insert "and".

 

CLAUSE 48

1. On page 21, in line 31, to omit "twenty one" and to substitute "21".

2. On page 21, in line 35, to omit "fifteen" and to substitute "15".

 

CLAUSE 50

On page 21, in line 50, after "meeting", to insert "and".

 

CLAUSE 52

On page 22, in line 24, after "co-operative", to insert "and".

 

CLAUSE 55

1. On page 23, in line 8, after "statements", to insert "and".

2. On page 23, in line 17, to omit "fifteen" and to substitute "15".

 

CLAUSE 57

1. On page 24, in line 14, after "reserves", to insert "and".

2. On page 24, in line 19, after "Act", to insert "and".

 

CLAUSE 58

1. On page 24, in line 30, after "co-operative", to insert "and".

2. On page 24, from line 31, to omit paragraph (d) and to substitute: "the assets, rights, liabilities and obligations of the amalgamating co-operative vet in the amalgamating co-operative"

 

CLAUSE 59

1. On page 24, in line 42, after "co-operative", to insert "who".

2. On page 24, in line 48, after "operate", to insert "and".

 

CLAUSE 60

1. On page 25, in line 14, after "reserves", to insert "and".

 

2. On page 25, in line 19, after "division", to insert "and".

 

 

CLAUSE 61

  1. On page 25, in line 27, after "divide", to insert "and".
  2. On page 25, from line 28, to omit paragraph (c ) and to substitute "the assets, rights, liabilities and obligations of the co-operative being divided vest in the co-operatives constituted by the division in accordance with the agreement to divide"

 

CLAUSE 62

1. On page 25, in line 44, after "co-operative", to insert "and".

2. On page 25, in line 58, after "members", to insert "and".

 

CLAUSE 62

1. On page 26, in line 15, after "co-operatives", to insert "and".

2. On page 26, in line 20, after "application", to insert "referred to in subsection (1)"

 

CLAUSE 64

On page 26, in line 31, after "effected", to insert "and".

 

CLAUSE 68

On page 27, in line 19, after "years", to insert "and".

 

CLAUSE 69

1. On page27, inline28, after "documents", to insert "and".

2. On page 27, in line 30, after "to", to insert "in".

3. On page 27, in line 38, to omit "(a)".

4. On page 27, in line 41, to omit "(b)" and to substitute "(5)".

5. On page 27, in line 45, to omit "(5)" and to substitute "(6)".

6. On page 27, in line 47, to omit "(6)" and to substitute "(7)".

 

CLAUSE 70

1. On page 28, in line 8, after "it", to insert "and".

2. On page 28, in line 31, after "co-operative" to insert "and"

 

CLAUSE 81

On page 30, in line 45, to omit "at the request of the Minister".

 

CLAUSE 82

1. On page 31, in line 4, to omit "at least". and to substitute "not less than".

2. On page 31, in line 5, to omit "no", and to substitute "not"

3. On page 31, in line 9, after "expertise", to insert "and".

 

CLAUSE 83

1. On page 31, in line 23, after "years", to insert "and".

2. On page 31, in line 28, to omit "will" and substitute "are".

3. On page 31, in line 28, to omit "be".

 

CLAUSE 85

1. On page 31, in line 44, to omit "it is" and to substitute "the Advisory Board".

2. On page 31, in line 44, to omit "considering" and to substitute "considers".

 

CLAUSE 86

On page 32, in line 1, after "justice". to insert "or".

 

CLAUSE 91

1. On page 33, in line 2, after "Act", to insert "and".

2. On page 33, in line 26, after "3(a)", to insert "or"

 

SCHEDULE I

PART I

ITEM I

1. On page 34, in line 7, after "must" to insert "comply with".

2. On page 34, in line 8, to omit "comply with".

3. On page 34, in line 8, after "Part" to insert "and".

4. On page 34, in line 9, to omit "comply with".

 

 

ITEM 5

1. On page 34, in line 38, after "5", to insert "(1)".

2.On page 34, in line 39, to omit "in".

3.On page 34, from line 40. to omit " accordance with the following provisions:

4. On page 34, in line 41, to omit "(a)".

5. On page 34, in line 41, to omit "If' and to substitute "if".

6. On page 34, in line 45, to omit "(b)" and to substitute "2".

7. On page 34, in line 45, to "paragraph (a)" and to substitute "subitem (1)".

8. On page 35, in line 1, to omit (C) "and to substitute "(3)".

9. On page 35, in line 2, to omit "paragraph (a)" and to substitute "subitem (1)".

10. On page 35, in line 6, to omit "(d)" and to substitute "(4)".

11. On page 35, in line 7, to omit "paragraph (c)" and to substitute "subitem (3)".

12. On page 35, in line 8, after "constitution", to insert "of a co-operative".

13. On page 35, in line 9, to omit "(e)" and to substitute "(5)".

14. On page 35, in line 12, to omit "if' and to substitute "(6)".

15. On page 35, in line 15, to omit "(g)" and to substitute "(7)".

16. On page 35, in line 18, after "constitution", to insert "and".

17. On page 35, in line 20, to omit "(h)" and to substitute "(8)".

18. On page 35, in line 23, to omit "(I)" and to substitute "(9)".

19. On page 35, in line 23, to omit "section" and to substitute "item".

20. On page 35, in line 28, to omit "paragraph (a) and to substitute "sub item (1)

 

ITEM 6

On page 35, in line 31, to omit "shall" and to substitute "do".

 

PART 2

ITEM I

1. On page 35, in line 36, after "must", to insert "comply with".

2. On page 35, in line 37, to omit "comply with".

3. On page 35, in line 37, after "Part" to insert "and".

4. On page 35, in line 38, to omit "comply with".

 

ITEM 3

1. On page 36, in line 8, after "co-operative", to insert "and".

2. On page 36, in line 14, after "off', to insert "and".

 

ITEM 5

On page 36, in line 41, after "constitution", to insert "of a co-operative".

 

ITEM 6

1. On page 36, in line 49, to omit "for the purposes of the Acts listed in this subsection".

2. On page 36, in line 51, after "co-operative", to insert "for the purposes of the following Acts;".

 

 

3. On page 36, in line 52. to omit "the" and to substitute "The".

 

 

PART 3

ITEM I

1. On page 37, in line 5, after "must" to insert "comply with".

2. On page 37, in line 6, to omit "comply with".

3. On page 37, in line 6, after "Part" to insert "and".

4. On page 37, in line 7, to omit "comply with".

 

ITEM 2

1. On page 37, in line 18, to omit the second "the" and to substitute "its".

2. On page 37, in line 19, after "or", to insert "prescribed".

3. On page 37, in line 19, to omit "prescribed".

 

PART 4

ITEM I

1. On page 38, in line 24, after "must", to insert "comply with".

2. On page 38, in line 25, to omit "comply with".

3.On page 38, in line 25, after "Part", to insert "and".

4. On page 38, in line 26, to omit "comply with".

 

ITEM 3

1. On page 39, in line 2, after "them", to insert "and".

2. On page 39, in line 6, after "risks", to insert "and".

 

ITEM 4

1. On page 39, in line 19, after "Republic", to insert "and"

2. On page 39, in line 25, to omit "the" and to substitute "The".

3. On page 39, in line 30, after the second "member", to insert "and".

4. On page 39, in line 41, after "them", to insert "and".

5. On page 39, in line 59, after "(9)", to insert "(a)".

6. On page 39, in line 60, to omit "(a)".

7. On page 40, in line 1, to omit "the" and to substitute "The".

8. On page 40, in line 1, to omit "will be" and to substitute "is".

9. On page 40, in line 1, to omit "as an".

10. On page 40, in line 2, to omit "expert".

11. On page 40, in line 3, to omit "the" and to substitute "The".

12. On page 40, in line 3, after "valuation", to insert "referred to in paragraph (a)".