Preamble
Andhra Pradesh Co-operative Societies (Amendment) Act, 1999*
| [Andhra Pradesh Act No. 2 of 1999] | [1st January, 1999] |
An Act Further to Amend the Andhra Pradesh Co-operative Societies Act, 1964
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in the Forty-ninth Year of the Republic of India, as follows:-
SOR Statement of Objects and Reasons
STATEMENT OF OBJECTS AND REASONS
In G.O.Ms. No. 1076, Revenue (N) Department, dt. 24.6.79 the Government have considered the question of issuing a comprehensive statutory Pattadar Pass Book, to enable the Ryots to know at a glance the demand, collection and balance of all his arrears of land revenue, loans etc., which will contain enough particulars, to enable them to get loans from Government, Banks and other financial institutions without any further need to approach Village Officers, Revenue Officers, Sub-Registrars and get further certificates etc. Thus, the intention of the Government has been to evolve a Statutory Pattadar Pass Book, which will serve both the purposes of showing the Ryots at a glance the arrears payable by him to Government and other detailed information about his holdings, mortgages, the Sales, in such detail, that the same Pass Book will also enable him to get necessary loans from Government Agricultural Department Banks, Financial Institutions etc.
In consequence of the changes in the provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 as amended in the Andhra Pradesh Act No. 9 of 1994, the Sections 36, 92, 94, 95, 96, 103, 104, 108 and 114 of the Andhra Pradesh Co-operative Societies Act, 1964 have to be modified in consonance with the provisions of the said Act.
To achieve the above object in view, the Government have decided to amend certain provisions of the Andhra Pradesh Co-operative Societies Act, 1964 suitably.
This Bill seeks to give effect to the above decision.
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, 1999.
(2) It shall come into force on such date as the State Government may, by notification, appoint.
Section 2. Amendment of Section 36
2. Amendment of Section 36.- In the Andhra Pradesh Co-operative Societies Act, 1964 (Act 7 of 1964) (hereinafter referred to as the principal Act), in section 36, in sub-section (3), in the second proviso; for the words "a mortgage deed executed in favour of" the words "a mortgage created in favour of" shall be substituted.
Section 3. Amendment of section 92
3. Amendment of section 92.- In section 92 of the principal Act, for the words "mortgage executed in favour of" the words "mortgage created in favour of" and for the words "execution of the mortgage" the words "creation of the mortgage" shall be substituted.
Section 4. Amendment of section 94
4. Amendment of section 94.- In section 94 of the principal Act,-
(i) for the words "mortgages executed in favour of," the words "mortgages created in favour of and for" the words "date of such execution" the words "the date of such creation" shall be substituted;
(ii) in the marginal heading, for the words "mortgages executed in favour of" the words "mortgages created in favour of" shall be substituted.
Section 5. Amendment of Section 95
5. Amendment of Section 95.- In section 95 of the principal Act, for the words "a mortgage executed in favour of", the words "a mortgage created in favour of" shall be substituted.
Section 6. Amendment of Section 96
6. Amendment of Section 96.- In section 96 of the principal Act, for the words "where a mortgage is executed in favour of", the words "where a mortgage is created in favour of" shall be substituted.
Section 7. Amendment of Section 103
7. Amendment of Section 103.- In section 103 of the Principal Act, for the words "a mortgage executed in favour of", the words "a mortgage created in favour of" shall be substituted.
Section 8. Amendment of Section 104
8. Amendment of Section 104.- In section 104 of the principal Act, for the words "where a power of sale without the intervention of the Court is expressly conferred on the Financing Bank/Primary Agricultural Co-operative Society by the mortgage deed, the Committee of such Bank or any person authorised by such Committee", the words "the Committee of the Financing Bank or any person authorized by the Primary Agricultural Co-operative Society" shall be substituted.
Section 9. Amendment of Section 108
9. Amendment of Section 108.- In section 108 of the principal Act, for the words "a mortgage executed in favour of" the words "a mortgage created in favour of" and for the words "it was executed" in the two places where they occur, the words "it was created" shall be substituted.
Section 10. Amendment of Section 114
10. Amendment of Section 114.- In section 114 of the principal Act,-
(i) in sub-section (1), for the words "mortgage executed in favour of" the words "a mortgage created in favour of" shall be substituted;
(ii) in sub-section (2), for the words "it was executed" the words "it was created" shall be substituted;
(iii) in the marginal heading, for the words "mortgages executed" the words "mortgages created" shall be substituted.