Andhra pradesh act 028 of 1988 : Andhra Pradesh Co-operative Societies (Amendment) Act, 1988

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Andhra Pradesh Co-operative Societies (Amendment) Act, 1988.

(2) It shall be deemed to have come into force on the 9th May, 1988.

Section 2. Amendment of Section 6

2. Amendment of Section 6.- In section 6 of the Andhra Pradesh Co-operative Societies Act, 1964 (Act 7 of 1964) (hereinafter referred to as the Principal Act) in sub-section, (2) after clause (c), the following clause shall be inserted, namely:-

"(cc) where the objects of the Society include production and sales activity by supplying raw-material to members for production of finished products and where all applicants are individuals such applicants shall reside in the urea of operations, proposed for the society, and belong to the same, class or pursue the same occupation; and it shall also be competent for the Government to specify by order such other class of societies, the applicants of which; shall reside is the area of operations as aforesaid and belong to the same class or pursue the same occupation;".

Section 3. Amendment of section 19

3. Amendment of section 19.- In section 19 of the principal Act, in sub-section (1),-

(i) for clause (a), the following shall be substituted, namely:-

"(a) an individual who attained majority and is of sound mind and who belongs to the class of persons, if any, for whom the society is formed as per its bye-laws and who possesses such qualifications as may be specified in the bye-laws or as may be prescribed for the concerned class of Societies in the interest of Co-operative movement";

(ii) after the second proviso, the following shall be inserted, namely:-

"Provided also that only one weaver in each family shall be eligible for admission as or for continuing as member of primary weavers co-operative society irrespective of the number of looms owned by the family and number of weavers in the family:

Provided also that the individual members of the family other than the one referred to in the foregoing proviso who attained majority and who are engaged in weaving activity and any individual weaver, who is major and is working on a hired loom shall be eligible for admission its associate member.

Explanation:-for the purpose of this sub-section:-

(i) ‘family’ means husband, wife, unmarried sons, unmarried daughters and other dependents in the house-hold;

(ii) ‘Weaver’ means any individual not being a master weaver, who attends to operations of weaving of cloth or fabric or product on the loom whether such operation is carried on, in private dwelling house or in any other place, and is dependent on weaving as profession and income thereof";

(iii) in sub-section (2) in clause (ii) for the expression "Section 6(2)(c)", the expression "Clauses (c) and (cc) in sub-section (2) of section 6" shall be substituted.

Section 4. Amendment of section 21

4. Amendment of section 21.- In section 21 of the principal Act,-

(i) in sub-section (1) after clause (a), the following clause shall be inserted, namely:-

"(aa) is not eligible for membership under section 19;";

(ii) after sub-section (2), the following sub-section shall be inserted namely:-

"(3) Where any person, who is not eligible for being admitted as member has been admitted as member or where a member who is disqualified to continue as such under sub-section (1) is continued as member, he shall be removed,-

(i) by the Registrar on his own motion or on a representation made to him by my member of the society or its federal society or its financing bank: or

(ii) by the Committee of the society:

Provided that no member shall be removed under this sub-section unless he had an opportunity of making a representation against the proposed action and where the removal is sought to be made by the Committee, until the resolution of the Committee is approved by the Registrar. The order of the Registrar, or as the case may be, a copy of the resolution removing the member as approved by the Registrar, shall be communicated to such person and on such communication he shall be deemed to have ceased to be member of the Society."

Section 5. Amendment of section 48

5. Amendment of section 48.- Section 48 of the principal Act shall be numbered as sub-section (1) thereof and after sub-section (1) as so renumbered, the following sub-section shall be added, namely:-

"(2) Every Primary Weavers Co-operative Society shall produce cloth only through the members of the society by supplying raw-materials to the members and receiving back cloth or fabric or product and shall not procure or purchase cloth or fabric or product from any source other than the members of the society either for sale on its own account or for sale of Federal Society or others. But it may purchase cloth or fabric or product of other weavers co-operative societies with general or special sanction of Registrar for sale on its own account to consumers or others.".

Section 6. Amendment of section 79

6. Amendment of section 79.- In section 79 of the principal Act,-

(1) in sub-section (1),-

(i) after clause (a), the following clause shall be added, namely:-

"(aa) the committee, an officer, employee or any member of the society furnished false information to gain, admission or to continue as member of society or to get elected to the managing committee or as an officer of the society or to continue as member of the Managing Committee or as an officer of the Society;";

(ii) in clause (d) for the expression "section 35 or section 36", the expression "section 35, section 36 or sub-section (2) of section 48" shall be substituted;

(2) in sub-section (2), for the words "six months or", the words "six months and" shall be substituted and the words "or with both" shall be omitted.

Section 7. Repeal of Ordinance 7 of 1988

7. Repeal of Ordinance 7 of 1988.- The Andhra Pradesh Co-operative Societies (Amendment) Ordinance, 1988 is hereby repealed.