An Act to Provide for the Management of the Affairs of the Co-operative Societies on the expiry of the Term of Office of their Committees until Elections are held and matters connected therewith.
Whereas the term of office of the various Co-operative societies registered under the Andhra Pradesh Co-operative Societies Act, 1964 expises on various dates commencing from January, 1995;
And Whereas under the said Act elections to the office of members of the Committees have to be hied before the expiry of their term;
And Whereas in the meantime elections to the Legislative Assembly have been held and a new Government has assumed the office of the 12th December, 1994;
And Whereas the Government want to amend the said Act and bring about important structural changes in the Societies in order to strengthen the Co-operative movement and to plug the loop-holes in ts working and a Cabinet Sub-Committee has been appointed to go into these aspects and recommend necessary changes;
And Whereas it will take some time to make necessary amendments to the said Act and to frame rules relating to the elections in conformity with the amendments;
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in the Forty-sixth Year of the Republic of India as follows
(1) This Act may be called the Andhra Pradesh Co-operative Societies (Temporary Provisions) Act, 1995.
(2) It shall be deemed to have come into force with effect on and from the 2nd January, 1995.
Words and expressions used in this Act shall have the same meanings assigned to them in the Andhra Pradesh Co-operative Societies Act, 1964 (Act 7 of 1964).
Notwithstanding any thing contained in the Andhra Pradesh Co-operative Societies Act, 1964 (Act 7 of 1964), it shall be competent for the Registrar to postpone by notification other generally, or specifically, any election done to the committee of a society or class of societies on the expiry of the current term of office for a period not exceeding three months from the date of expiry of such term of office of the committees.
(1) Notwithstanding anything contained in the Andra Pradesh Co-operative Societies Act, 1964 (Act 25 of 1994) on and from the date of expiry of the term of office of the committees aforesaid there shall be appointed by the Government in respect of all Apex Co-operative Societies, Rural Electric Co-operative Societies, Co-operative Sugar Factories and Co-operative Spinning Mills and by the Registrar in respect of all other societies, by order a Special Officer to each Committee for a period not exceeding three months from the date of expiry of the term aforesaid to manage the affairs of the society and to safeguard the financial and other interests of the society.
(2) The Special Officer appointed under this section shall.
(a) perform his functions in accordance with such directions as may be issued by the Government or by the Registrar, as the case may be, either generally or specifically from time to time;
(b) make an arrangements for the conduct of election to the committees and its office bearers in accordance with law and the directions issued by the Government or by the Registrar as the case may be, in this behalf; and
(c) cease to manage the affairs of the society on the new committee entering upon its office.
(3) The Government or the Registrar as the case may be may fix the remuneration payable to the Special Officer appointed under this section. The amount of such remuneration and other costs if any, incurred in the management of the society shall be payable out of the funds of the society.
Notwithstanding anything contained in the Andhra Pradesh Co-operative Societies Act, 1964, whenever a person-in-charge or special officer has been appointed to manage the, affairs of a Committee consequent on the expiry of the term of office of the committee of otherwise for whatever reason under the provisions of sections 31, 32 or 34 of the said Act, such, person-in-charge or special officer shall, on and from the commencement of this Act, cease to hold office and it shall be competent for the ??? Government, as the case may be, to appoint a Special Officer under section 4 and upon such appointment the provisions of section 4 shall apply to such Special Officer.
The Andhra Pradesh Co-operative Societies (Temporary Provisions) Ordinance, 1995 is hereby repealed.
1. Received the assent of the Governor on the 3rd February, 1995. For statement of objects & reasons, please see the Andhra Pradesh Gazelle, Part IV-A, Extraordinary, dated 20-1-95 at pages 6 and 7.