Andhra Pradesh Co-operative Societies (Amendment) Act, 20001
| [Andhra Pradesh Act No. 15 of 2000] | [27th April, 2000] |
An Act farther 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 Fifty-first Year of the Republic of India, as follows:-
1 The following Act of the Andhra Pradesh Legislative Assembly received the assent of the Governor on the 27th April, 2000 and the said assent is hereby first published on the 29th April, 2000 in the Andhra Pradesh Gazette for general information
STATEMENT OF OBJECTS, AND REASONS
Under Section 75 of the Andhra Pradesh Co-operative Societies Act, 1964 Co-operative Tribunals are constituted for entertaining appeals on the original orders passed by the Department. According to Section 76(1) of the Andhra Pradesh Co-operative Societies Art. 1964 any person of Society aggrieved by any decision or order, may appeal to the Tribunal.
2. It is observed from the various cases filed before the Co-operative Tribunals that majority of cases are filed challenging the orders passed by the Departmental Officers either under Section 51 or Section 52 and Section 60(1) i.e. Inquiry, Inspection and surcharge matter or matters connected with them.
3. In number of cases Government are loosing appeals before the Co-operative Tribunals on technical grounds although the Andhra Pradesh Co-operative Societies Act, 1964 does not preclude the Registrar of Co-operative Societies from taking follow up action on inquiry and inspection but the Andhra Pradesh High Court has in its decisions interpreted that the reports must be placed before the General Body of the Co-operative Society prior to taking any action.
4. In order to remove these difficulties, it is decided to amend sections 51, 52, 53, 60 and 121 of Andhra Pradesh Co-operative Societies Act, 1964, so as to enable the Registrar of Co-operative Societies to take further action even in cases where the Managing Committees either delays or does not place the reports before the General Body.
This Bill seeks to give effect to the above decision.
1. Short title and commencement.- (1) This Act may be called the Andhra Pradesh Co-operative Societies (Amendment) Act, 2000.
(2) It shall come into force on such date as the State Government may, by notification appoint.
2. Amendment of Section 51.- In the Andhra Pradesh Co-operative Societies Act, 1964 (Act 7 of 1964) (hereinafter referred to as the principal Act), for section 51, the following shall be substituted, namely:-
"Inquirys 51. The Registrar, may of his own motion and shall, on the application of a society to which the society concerned is affiliated, or of not less than one third of the members of the Committee, or of not less than one fifth of the total number of members of the society, hold an inquiry or direct some person authorised by him by an order in this behalf to hold an inquiry into the constitution, working and financial condition of a society. Such inquiry shall be completed within a period of four months and the report of inquiry along with the findings of the Registrar thereon shall be communicated to the managing Committee of the society. It shall be the responsibility of the managing committee to place the inquiry report before the General Body or Special General Body convened for the purpose for its information, within a period of one month from the communication of the inquiry report by the Registrar. The Registrar shall be the competent to initiate action under the provisions of this Act, if the committee fails to take action as aforesaid:
Provided that notwithstanding anything contained in this Act and the Rules made thereunder, the bylaws of a society and the action of the society in placing the inquiry report along with the findings of the Registrar, the Registrar shall not be precluded from taking follow up action as may be required on the basis of inquiry report:
Provided further that such action shall not be nullified even if the General Body of the Society passes a resolution negativing the findings of the inquiry:
Provided also that the Registrar may for reasons to be recorded in writing extend the period of four months for completion of inquiry for a further period not exceeding two months.
Explanation:- For the purposes of this section, "Managing Committee" includes a Committee constituted under section 31(1)(a), and a person-in-charge appointed under section 32(7)(a) and also a special officer appointed under section 34 of the Act.".
3. Amendment of Section 52.- In section 52 of the principal Act,-
(a) in sub-section (1) after the first para, the following shall be added, namely:-
"Such inspection shall be completed within a period of three months from the date of order of inspection."
(b) for sub-section (2), the following shall be substituted, namely:-
"(2) The Registrar or any person authorized by him under sub-section (1) shall prepare a report of inspection which shall be communicated to the Managing Committee of the Society together with the findings of the Registrar thereon. It shall be the responsibility of the Managing Committee to place the inspection report together with the findings of the Registrar before the General. Body or Special General Body convened for the purpose for its information, within a period of one month of the communication of the inspection report by Registrar. The Registrar shall be the competent to initiate action under the provisions of this Act, if the Committee fails to take action as aforesaid:
Provided that notwithstanding anything contained in this Act and Rules made thereunder, the bye-laws of a society and the action of the society in placing the inspection report along with the findings of the Registrar, the Registrar shall not be precluded from taking, follow up action as may be required on the basis of inspection report:
Provided further that such action shall not be nullified even if the General Body of the Society passes a resolution negativing the findings of the Registrar:
Provided also that the Registrar may for reasons to be recorded in writing extend the period of three months for completion of inspection for a further period not exceeding two months.
Explanation:- For the purposes of this section, "Managing Committee" includes an Adhoc Committee constituted under section 31(1)(a), and a person-in-charge appointed under section 32(7)(a) and also a special Officer appointed under section 34 of the Act.".
4. Amendment of Section 53.- In section 53 of the principal Act,-
(a) in the first paragraph for the word "Inspecting", the words "authorised to conduct the inspection", shall be substituted;
(b) for the second paragraph, the following shall be substituted, namely:-
"The Officer or Member so authorized to conduct the inspection shall prepare a report of inspection which shall be communicated to the Managing Committee of the society together with the findings of the Registrar thereon. It shall be the responsibility of the Managing Committee to place the Inspection Report together with the findings of the Registrar before the General Body or Special General Body convened for the purpose for its information, within a period of one month of the communication of the Inspection Report by the Registrar. The Registrar shall be competent to initiate action under the provisions of this Act, if the Committee fails to take action as aforesaid:
Provided that such action shall not be nullified even if the General Body of the Society passes a resolution negativing the findings of the Registrar:
Provided further that notwithstanding anything contained in this Act and Rules made thereunder the bye-laws of a Society and the action of the Society in placing the Inspection Report along with findings of the Registrar, the Registrar shall not be precluded from taking, follow up action as may be required on the basis of Inspection Report.
Explanation:- For the purposes of this section, "Managing Committee" includes a Committee constituted under section 31(1)(a), and a person-in-charge appointed under section 32(7)(a), and also a Special Officer appointed under section 34 of this Act."
5. Amendment of Section 60.- In section 60 of the principal Act, in sub-section (1), in the opening portion, the following shall be added, namely:-
"Notwithstanding anything contained in any other law for the time being in force."
6. Amendment of Section 121.- In section 121 of the principal Act, for sub-section (1), the following shall be substituted, namely:-
"(1). Save as otherwise expressly provided in this Act, all orders, refusals, decisions or awards passed or directions issued or actions taken in accordance with this Act or the Rules made thereunder shall be final subject to the provisions for appeal, revision and review and no such order, refusal, decision, award, direction or action taken shall be liable to be called in question in any Court or Forum".