Andhra pradesh act 015 of 1991 : Andhra Pradesh Co-operative Societies (Third Amendment) Act, 1991

Section 1. Short title

1. Short title.- This Act may be called the Andhra Pradesh Co-operative Societies (Third Amendment) Act, 1991.

Section 2. Sub-section of new section for section 75

2. Sub-section of new section for section 75.- In the Andhra Pradesh Co-operative Societies Act, 1964 (Act 7 of 1964) (hereinafter referred to as the principal Act) for section 75, the fallowing section shall be substituted, namely:-

75. Constitutional of Co-operative Tribunal.- (1) The Government may, for the purpose of this Act by notification constitute as many Tribunals as may be necessary for such area or areas as may be specified in the notification.

(2) The Tribunal shall consist of a Chairman and not more than two other members to be appointed by the Government.

(3) The Chairman shall be a person who is or has been a judicial officer not below the rank of a District Judge and a member shall be a person, who holds or has held a post not below the rank of Additional Registrar of Co-operative Societies.

(4) The Government may, from time to time, likewise reconstitute any Tribunal constituted under sub-section (1) or may abolish such Tribunal.

(5) The quorum to constitute a meeting of a Tribunal and the manner of taking decision, thereat and the procedure and conduct of us business shall be such as may be prescribed.

(6) No act or proceeding of any Tribunal shall be deemed to lie invalid by reason only of the existence of any vacancy among its members or any detect, in the constitution or reconstitution thereof.".

Section 3. Amendment of Section 76

3. Amendment of Section 76.- In section 76 of the principal Act, in sub-section (1).-

(a) for the expression "under sub-section (1) of section 60 sub-section (2), sub-section (3) or sub-section (4) of section 62, section 71 or section 73", the expression "under sub-section (1) and sub-section (1A) of section 21A, section 21AA, sub-section (3) of section 32, section 34-A, sub-section (1) of section 60, sub-section (2), sub-section (3) or sub-section (4), of section 62, section 70, section 71 or section 73" shall be substituted;

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

"(1A) On a reference made by the Registrar of Co-operative Societies, the Tribunal shall call for and examine the records of any proceeding which are appealable to it for the purpose of satisfying itself as to the legality or propriety of any decision or order passed and where it appears to the Tribunal that any such decision or order should be modified, annulled or reversed the Tribunal may pass such order thereon as it may deem fit:

Provided that an appeal pending before the Co-operative Tribunal before the commencement of the Andhra Pradesh Co-operative Societies. (Third Amendment) Act, 1991 shall stand transferred to the Co-operative Tribunal Coustituted under section 75 as amended by the said Act.

Section 4. Amendment of Section ???

4. Amendment of Section ???.- In section 79 of the principal Act,-

(a) In sub-section (1), in clause (d) for the expression "section 35, section 35 or sub-section (2) of section 48", the expression "section 35, section 36, sub-section (2) of section 48 or sub-section (3) of section 83B" shall be substituted;

(b) after clause (e), the following clauses shall be added, namely:-

"(f) an officer, or an employee of the society including the paid Secretary dishonestly or ??? misappropriates or otherwise converts for his own use or intentionally causes loss to the property of he society entrusted to him or under his control as such officer or employee or allows any other person so to do;

(g) an officer, or an employee or the society is or proved to have been in possession of any property of the society reasonably suspected to have been stolen or unlawfully obtained; or

(h) any officer or employee abets any offence punishable under this Act whether or not that offence is committed in consequence of that abetment;";

(c) in sub-section (2), for the words "An offence under sub-section (1)", the words "An offence under clauses (a) to (e) of sub-section (1)" shall be substituted;

(d) after sub-section (2), the following sub-section shall be added, namely:-

"(3) An offence in sub-section (1), under-

(i) clause (f), shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to seven years;

(ii) clause (g), shall be punishable with imprisonment for a term which may extend to five years; and

(iii) clause (h), shall be punishable with imprisonment for a term which shall not be less than six months but which may extended five years.".

Section 5. Constitution low ??? Section 83

5. Constitution low ??? Section 83.- For section 83 of the principal Act, the following sections shall be substituted, namely:-

"83. Constitution of special courts.- The Government may, for the purpose or providing speedy trial of the offences under this Act, or for, any offence committed by an officer, employee or any member of the society punishable under the Indian Penal Code, 1860, (??? Act of 1860) by notification, in the Andhra Pradesh Gazette constitute as many Special Court as may be necessary for such area or areas as may be specified in the notification.

83A Procedure and powers of the Special Courts.- (1) The Special Court, may, on an application made by the Registrar, or the person authorised by him or an officer, or any member of the society take cognizance of and try any offence under this Act and pass such orders as it deems fit:

Provided that if, in the opinion of the Special Court, any application filed before it is prima facie frivolous or vexations, it shall reject the same without any further enquiry.

(2) Notwithstanding anything in the Code of Criminal Procedure, 1973 (Central Act, 2 of 1974), it shall be lawful for the Special Court to try all offences punishable under this Act.

(3) The Special Court shall, in the trial of cases before, it, follow the procedure prescribed by the Code of Criminal Procedure, 1973 (Central Act, 2 of 1974).

(4) Every offence under this Act shall for the purpose of the Code of Criminal Procedure, 1973 (Central Act, 2 of 1974), be deemed to be a cognizable offence.

83B ??? as to ??? of offence in certain cases.- (1) In the trial of offences by the Special Court it shall be presumed until the contrary is proved that any member, officer or employee of a society,-

(a) who draws the amounts from the financing institutions and fails to properly disburse or account for it, has misappropriated the amounts:

(b) who is responsible for the custody of books and properties or who is in actual possession thereof, fails to produce the same on requisition by the Registrar or any person authorised by him, has wilfully withheld the same.

(c) who makes any raise entries or ??? or alters the account books of the society, has wilfully committed the said act in order to cause loss or damage to the society;

(d) who misuses the properties of the society in contravention of the provisions of the Act and the rules made thereunder or the Bye-laws of the society has done so, for his personal benefit;

(c) who executes any documents or enters into an agreement for sale or purchase of the land plots in contravention, of die provisions of the registered bye-laws of the society, has done so for his personal ??? and in order to cause loss to the members of the society.

(2) Any member, officer or employee of a society who issues any receipt shall be deemed to have issued the same in the name of the society and shall be responsible to account for the same.

(3) Notwithstanding the criminal liability, the member officer or employee of a society shall be responsible to make good the loss caused to the society by committing such offenees and the same shall be recovered as arrears of land revenue by the Registrar or the person authorised by him from the person responsible for causing such loss or his legal heirs or any person who has acquired the properties from such person or with the assistance of such person.

83C C. ???.- Where any member, officer or employee of society has made a statement during the enquiry under section 51 or inspection under section 52 and the statement is recorded by the Registrar or the person authored by the Registrar in exercise of their powers ??? on them under this Act, the court shall pressure that the statement was so recorded by the Registrar or the person authorised by him as a statement within the meaning of the Indian Evidence Act, 1872 (Central Act of 1872)."

Section 6. Substitution of new Section for section 129A

6. Substitution of new Section for section 129A.- For section 129A, of the principal Act, following section shall he substituted, namely;-

129A. Officers and employees to be public servents.- The Registrar or any person authorised by him to recover any amount or to execute any orders issued or decisions taken under any of the provisions of the Act and even officer and employee of a society shall be deemed to lie a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act, 45 of 1860).".