Andhra pradesh act 013 of 2003 : Andhra Pradesh Co-operative Societies (Amendment) Act, 2003

Preamble

Andhra Pradesh Co-operative Societies (Amendment) Act, 20031

[Andhra Pradesh Act No. 13 of 2003][22nd October, 2003]

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 Fifty-fourth 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 22nd October, 2003 and the said assent is hereby first published on the 24th October, 2003 in the Andhra Pradesh Gazette for general information:-

SOR Statement of Objects and Reasons

STATEMENT OF OBJECTS AND REASONS

According to Clause (a) of sub-section (7) of section 32 of the Andhra Pradesh Co-operative Societies Act, 1964, the Government or the Registrar appoint persons-in-charge to manage the affairs of the Co-operative Societies for which elections have not been held upto a period of three years in the aggregate.

Elections to the Managing Committees of three tier Co-operative Agricultural Credit Societies were held in the year 1995. Their term expired by June/July, 2000. Thereafter Government, as the case may be, and the Registrar are appointing Persons-in-charge to the Co-operative Societies under the provisions of the section 32(7)(a) of the said Act. This extended period expired by July, 2003.

For various reasons it has not been possible to hold elections to these societies. To manage the affairs of the societies, it is necessary to continue the Persons-in-Charge beyond three years but not exceeding five years in the aggregate. Government have therefore decided to extend the period of the Persons-in-charge beyond three years but not exceeding five years in the aggregate.

As the Legislative Assembly of the State was not in session having been prorogued and in order to have continuity of the office of the Persons-in-charge to manage the affairs of the above said societies, Government have decided to extend the period of the Persons-in-Charge beyond three years but not exceeding five years in the aggregate. The Andhra Pradesh Co-operative Societies (Second Amendment) Ordinance, 2003 (Andhra Pradesh Ordinance No. 5 of 2003) has been promulgated by the Governor on the 4th August, 2003 and the same was published on the 5th August, 2003.

This Bill seeks to replace the said Ordinance.

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, 2003.

(2) It shall be deemed to have come into force with effect from 5th August, 2003.

Section 2. Amendment of section 32

2. Amendment of section 32.- In the Andhra Pradesh Co-operative Societies Act, 1964 (Act 7 or 1964), in section 32, in sub-section (7),-

(1) clause (a), shall be renumbered as sub-clause (a)(i) thereof;

(2) after sub-clause (a)(i) as so renumbered, the following shall be added, namely:-

"(ii) Notwithstanding anything contained in this Act, in the special circumstances and for the reasons to be recorded, if in the opinion of the Government, it is not possible to hold the elections to the societies or class of societies, the Government may by order extend the term of the person or the persons appointed to manage the affairs of the society or class of societies beyond three years but not exceeding five years in aggregate."

Section 3. Repeal of Ordinance 5 of 2003

3. Repeal of Ordinance 5 of 2003.- The Andhra Pradesh Co-operative Societies (Second Amendment) Ordinance, 2003 is hereby repealed.

SECTIONS