Andhra pradesh act 004 of 1995 : Andhra Pradesh Co-operative Societies (Amendment) Act, 1995

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, 1995.

(2) It shall be deemed to have come into force with effect on and from the 2nd January, 1995.

Section 2. Amendment of section 2

2. Amendment of section 2.- In section 2 of the Andhra Pradesh Co-operative Societies Act, 1964 (Act v of 1994) (hereinafter referred to as the principal Act)

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

"(i-a) ‘gram panchayat’ means a gram panchayat constituted under section 4 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act 13 of 1994);";

(b) after clause (i) the following clauses shall be inserted namely:

"(j-i) ‘Mandal Parishad’ means a Mandal Parishad constituted under section 148 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act 13 of 1994)";

"(j-ii) ‘Municipal Corporation’ means a Municipal Corporation constituted under the relevant law for the time being in for relating to the Municipal Corporations in the State;

(j-iii) ‘Municipal Council’ means a Municipal Council constituted under section 5 of the Andhra Pradesh Municipalities Act, 1965 (Act VI of 1955);";

(c) after clause (t) the following clause shall be inserted namely:

"(u) ‘Zilla Parishad’, means a Zilla Parishad constituted under section 177 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act 13 of 1994);";

Section 3. Amendment of section 21-A

3. Amendment of section 21-A.- In Section 21A of the Principal Act.

(A) in sub-section (I), after clause (h), and before the proviso, the following clauses shall be inserted, namely:

(i) is a Village Administrative Officer or an employee of the State or Central Government or an employee of any institution receiving aid from the funds of the State or Central Government oran employee of any undertaking cantered and controlled by the State or Central Government:

Provided that this clause shall not apply for being a member of the committee of any society formed by and for the benefit of the concerned class of the employees specified in this clause;

(j) is convicted by a criminal court for an offence involving moral deliquency:

Provided that the disqualification under this clause shall subsist for a period of five years from the date of conviction or where he is senceteneed to imprisonment while undergoing sentence and for a period of five years from the date of expiration thereof,"

(B) after sub-section (1), the following sub-sections shall be inserted, namely:-

"(1-A). A person having more than two children shall be disqualified for election or for continuing as a member of the Committee:

Provided that the birth within the one year from the date of commencement of the Andhra Pradesh Co-operative Societies (Amendment) Act, 1995 hereinafter in this section refered to as the date of such commencement) of an additional child shall not be taken into consideration for the purposes of this section:

Provided further that a person having more than two children (excluding the child if any born within one year from the date of such commencement) shall not be disqualfied under this section for so long as the number of children he had on the date of such commencement does not increase;

Provided also that the Government may direct that the disqualification in this section shall not apply in respect of person for reasons to be recorded in writing.

(1-B). A member of the Legislative Assembly of the state a member of either House of the Parliament, Mayor of a Municipal Corporation, Chairman of a Municipal Council elected member or chairman of a Zilia Parishad or elected member or President of Mandal Parishad or Sarpanch or a Gram Panchayat shall be eligible to be elected as a member of the Committee,; but he shall cease to be a member of the Committee unless within fifteen days from the date of becoming a member of the Committee he ceases to be a Member of the Legislative Assembly of the State of a Member of either House of the Parliament, Mayor of a Municipal Corporation, Chairman of a Municipal Council, elected member or Chairman of a Zilla Parishad or elected member or President of a Mandal Parishad or Sarpanch of a Gram Panchayat by resignation or otherwise; and if a member of the Committee is subsequently elected to any one of the aforesaid offices, he shall case to be the member of the Committee unless within fifteen days the date on which he is elected to any one of such offences he cases to hold such office by resignation or otherwise".

Section 4. Amendment of Section 24

4. Amendment of Section 24.- In Section 24 of the principal Act, for the words "as may be specified in the bye-laws", the words "as may be specified in the rules made in this behalf or as may be specified in the bye-laws" shall be substituted.

Section 5. Amendment of Section 30

5. Amendment of Section 30.- In Section 30 of the principal Act in sub-section (2), to item (ix), the following shell be added, namely:-

"Provided that where a delegate is not elected under this item the President shall be the delegate to the Financing Bank or other society until a delegate is elected."

"Provided further that where a Presidents elected by direct election, he shall represent the Society as a delegate to the Financing Bank or other societies."

Section 6. Amendment of Section 31

6. Amendment of Section 31.- In Section 31 of the principal Act,-

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

(1) in clause (a), the third proviso shall be omitted;

(2) in clause (b),-

(i) before the existing provisos, the following proviso shall be inserted, namely:-

"Provided that in the case of such classes of societies as may be prescribed, two seats shall be reserved for women in the manner, presented and such reservation may be made in the reserved and un-reserved categories also;"

(ii) in the existing first proviso, for the words "Provided that" the words "Provided further that" and for the words and figures and Backward Classes in the proportion of 2:1:2", the words "Backward Classes and Women in such proportion as may be prescribed" shall respectively be substituted;

(iii) in the existing second proviso, for the words, "Provided further that", the words "Provided also that" and for the words "or backward classes, the words" "backward classes women" shall be substituted;

(B) after sub-section (4), the following sub-section shall be added, namely:-

"(5) In the case of such classes of Co-operative Societies as may be prescribed the president shall subject to the provisions of section 21-A be elected by the members of the general body from among themselves in the manner prescribed. The president elected under this sub-section shall be an ex-officio member of the Committee."

Section 7. Repeal of Ordinance 3 of 1995

7. Repeal of Ordinance 3 of 1995.- The Andhra pradesh Co-operative Societies (Amendment) Ordinance 1995, hereby is repealed.