Section 105A of The Multi-State Co-operative Societies Act, 2002 in hindi
1[105A. Provisions of this Act not in derogation of any other law.-- The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force.]
Summary
- Clarifies that the provisions of this federal co-operative law run parallel to and work alongside other existing national and state laws.
- Ensures that this Act does not cancel, override, or take away from any other laws that are currently in force.
- Confirms that co-operative societies must follow both this Act and any other applicable regulations, such as environmental, food safety, or banking laws.
Practical examples
FAQ
1. Does the Multi-State Co-operative Societies Act, 2002 override other laws?
No, under Section 105A of the Multi-State Co-operative Societies Act, 2002, the provisions of this Act are in addition to, and do not override or take away from, any other laws currently in force.
2. Can a co-operative society be prosecuted under other laws under Section 105A of the Multi-State Co-operative Societies Act, 2002?
Yes, under Section 105A of the Multi-State Co-operative Societies Act, 2002, because this Act is in addition to other laws, a society or its officers can still be prosecuted under other general laws if they commit offences covered by those laws.
3. What does the term "not in derogation" mean in Section 105A of the Multi-State Co-operative Societies Act, 2002?
Under Section 105A of the Multi-State Co-operative Societies Act, 2002, "not in derogation" means that this Act does not repeal or weaken other laws, but rather works alongside them to provide extra rules.
Test yourself
Q1.Under Section 105A of the Multi-State Co-operative Societies Act, 2002, how do the provisions of this Act interact with other laws in force?
Q2.If an officer of a multi-state co-operative bank commits a banking fraud, under Section 105A of the Multi-State Co-operative Societies Act, 2002, can they be prosecuted under both co-operative laws and banking regulation laws?
Q3.What legal principle is established by the phrase "not in derogation of" under Section 105A of the Multi-State Co-operative Societies Act, 2002?
Q4.Under Section 105A of the Multi-State Co-operative Societies Act, 2002, if a multi-state co-operative society violates environmental laws during construction, what is the legal position?