Telangana act 003 of 1996 : The Telangana Public Societies (Reconstitution of Management) Act, 1996.

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THE TELANGANA PUBLIC SOCIETIES (RECONSTITUTION OF

MANAGEMENT) ACT, 1996.

(ACT NO. 3 OF 1996)

ARRANGEMENT OF SECTIONS

Sections

1. Short title and commencement.

2. Definitions.

3. Cessation of office of the non-official Chairman and the non-officials Directors.

4. Action for reconstitution of societies.

5. Power to amend the Schedule.

6. Act to override other laws and bar of jurisdiction of civil courts.

7. Power to remove difficulties.

8. Repeal of Ordinance.

9. Schedule.

1

THE TELANGANA PUBLIC SOCIETIES (RECONSTITUTION

OF MANAGEMENT) ACT, 1996.1

ACT No.3 OF 1996.

1. (1) This Act may be called the2Telangana Public Societies (Reconstitution of Management) Act, 1996.

(2) Item 18 of the Schedule appended to the Act shall be deemed to have come into force on the 25th November, 1995 and the remaining provisions shall be deemed to have come into force on the 13th November, 1995.

2. In this Act, unless the context otherwise requires,-

(a) "Government" means the Government of

2 Telangana;

(b) "Notification" means a notification published in the

2 Telangana Gazette and the word "notified" shall be construed accordingly;

(c) "Society" means a society registered under the provisions of the3Telangana Co-operative Societies Act, 1964 and includes any other society registered under the provisions of any other law providing for registration for the time being in force and functioning for implementation of the policies of the State as specified in the Schedule;

1 . The Andhra Pradesh Public Societies (Reconstitution of Management) Act, 1996 received the assent of the Governor on the 16thJanuary, 1996. The said Act in force in the combined State, as on 02.06.2014, has been adapted to the State of Telangana, under section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Telangana Adaptation of Laws Order, 2016, issued in G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.

2 . Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2 016.

3 . Adapted in G.O.Ms.No.53 , Agriculture and Co-operation (Coop.II) Department, dated 20.05.2016. Short title and commencement. Definitions.

2

2 [Act No.3 of 1996]

(d) "Schedule" means the Schedule appended to this Act.

3. Notwithstanding anything contained in any bye-law, Memorandum of Association or Articles of Association, Notification, order, rule or regulation or in any provision of any other law for the time being in force, the non-official Chairman or President and non-official Director or Member, as the case may be, by whatever name called, or every society holding such office at the commencement of this Act shall cease to hold such office forthwith.

4. Notwithstanding anything contained in any bye-law, Memorandum of Association, Notification, order, rule or regulation or any other law for the time being in force, the Government shall, within such period as they consider reasonable reconstitute the board, committee or management or the governing body by whatever name called.

5. (1) The Government may, by notification, alter or add to or cancel any item in the Schedule.

(2) Where a notification has been issued under sub- section (1), there shall, unless the notification is in the meantime rescinded, be introduced in the Legislature as soon as may be, but in any case during the next session of the Legislature following the date of the issue of the notification, a Bill on behalf of the Government, to give effect to the alteration, addition or cancellation, as the case may be, of the Schedule specified in the notification, and the notification shall cease to have effect when such Bill becomes law, whether with or without modifications but without prejudice to the validity of anything previously done thereunder:

Cessation of office

of the non-official

Chairman and the

non-official

Directors.

Action for

reconstitution of

societies.

Power to amend

the Schedule.

3

[Act No.3 of 1996] 3 Provided that if the notification under sub-section (1) is issued when the Legislature is in session, such a Bill shall be introduced in the Legislature during that session:

Provided further that where for any reason a Bill as aforesaid does not become law within six months from the date of its introduction in the Legislature, the notification shall cease to have effect on the expiration of the said period of six months.

(3) All references made in this Act to any item in the Schedule shall be construed as relating to the item in the Schedule as for the time being amended in exercise of the powers conferred by this section.

6. The provisions of this Act shall have effect notwithstanding anything contained in any other law for the time being in force, and accordingly,-

(a) no suit or other proceeding shall be instituted, maintained or continued in any court for the continuance of any non-official Chairman or President or a non-official Director or a Member, as the case may be, by whatever name called who ceased to hold office under this Act;

(b) no court shall enforce any decree or order directing the continuance of such person in such office; and

(c) all proceedings pending in any court claiming such continuance shall abate.

7. (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may make such orders not inconsistent with the provisions of this Act as appear to them to be necessary or expedient for the purpose of removing the difficulty.

Act to override

other laws and

bar of jurisdiction

of civil courts.

Power to remove

difficulties.

4

4 [Act No.3 of 1996]

(2) Every order made under this section shall be laid before the Legislature of the State, as soon as may be, but in any case during the next session of the Legislature following the date of making such order.

8. The Andhra Pradesh Public Societies (Reconstitution of Management) Ordinance, 1995 is here by repealed.

SCHEDULE

(See Section 2 (d))

1. Andhra Pradesh State Co-operative Consumer Federation.

2. Andhra Pradesh State Co-operative Rural Irrigation Corporation.

3. SPINFED.

4. SETWIN.

5. SERIFED.

6. Andhra Pradesh State Women's Co-operative Finance Corporation.

7. Andhra Pradesh Backward Classes Co-operative Finance Corporation.

8. Andhra Pradesh Vikalangula Co-operative Corporation.

9. Andhra Pradesh Scheduled Castes Co-operative Finance Corporation.

10. Andhra Pradesh Girijana Co-operative Corporation. Repeal of

Ordinance 17 of

1995.

5

[Act No.3 of 1996] 5

11. Andhra Pradesh Nayee Brahmin's Co-operative Societies Federation Limited.

12. Andhra Pradesh Washermen Co-operative Societies Federation Limited.

13. Andhra Pradesh Geetha Parishramikula Sahakara Arthika Samkshema Samstha.

14. Rural Electric Co-operative Society, Cheepurupalli.

15. Rural Electric Co-operative Society, Anakapalli.

16. Rural Electric Co-operative Society, Kadiri (West).

17. Rural Electric Co-operative Society, Jogipet.

18. The Andhra Pradesh Scheduled Tribes Co-operative Finance Corporation.

* * *

6

SECTIONS