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Andhra Pradesh Co-Operative Societies Act, 1964
Andhra Pradesh Co-Operative Societies Act, 1964
Sections
CHAPTER I
CHAPTER I
Section 11. Short title, extent and commencement.
Section 12. Definitions.
Section 2
CHAPTER II
CHAPTER II
Section 43. Appointment of Registrar and other persons for the purpose of this Act.
Section 34. Society which may be registered.
Section 45. Registration with limited or unlimited liability.
Section 58. Registration certificate.
Section 89. Society to be a body corporate.
Section 99B. De-Registration of a society.
Section 9B9C. Appointment and Powers of the Official Assignee.
Section 9C10. Change of name of society.
Section 1011. Change of liability.
Section 1112. Transfer of assets and liabilities, division, amalgamation and conversion of a society.
Section 1213. Exercise of option by members and creditors.
Section 1314. Effect of transfer, division and amalgamation.
Section 1416. Amendment of bye-laws of a society.
Section 1617. Partnership of societies.
Section 1718. Classification.
Section 18
CHAPTER III
CHAPTER III
Section 2019. Eligibility for membership.
Section 1921. Disqualification for membership of society.
Section 2122. Right of members to services by society and application for redress:
Section 2223. Expulsion of Members.
Section 2324. Members not to exercise rights till payments are made.
Section 2425. Vote and manner of its exercise.
Section 2526. Restriction on holding of shares.
Section 2627. Restrictions on transfer of shares or interest.
Section 2728. Transfer of interest on death of a member.
Section 2829. Liability of past member and estate of deceased member.
Section 29
CHAPTER IV
CHAPTER IV
Section 3130. Ultimate authority of society.
Section 3031. Constitution of committees.
Section 3132. General meetings and committee meetings.
Section 3232B. Devolution of the powers and functions of the President or Vice-President.
Section 32B33. Nominee of the Government on the Committee.
Section 3334. Supersession of the committee.
Section 34
CHAPTER V
CHAPTER V
Section 3835. First charge of a society on certain movable assets of a member for the amount due by him.
Section 3536. Charge on the immovable property of a member for the loans borrowed.
Section 3637. Deduction from salary or wages.
Section 3738. Charge and set-off in respect of shares or interest of members in the capital, etc., of a society.
Section 3839. Share or interest, etc., not liable to attachment.
Section 3940. Right to set-off where a registered society purchases immovable property at a sale under the Andhra Pradesh Revenue Recovery Act, 1864, for any amount due to it.
Section 4041. Exemption from certain taxes, duties and fees.
Section 4142. Exemption from compulsory registration of instruments.
Section 42
CHAPTER VI
CHAPTER VI
Section 4743. State aid to Societies.
Section 4344. Funds other than net profits not to be divided among members.
Section 4445. Disposal of [x x x] profits.
Section 4546. Investment of funds.
Section 4647. Restrictions on borrowings and loans.
Section 4748. Restrictions on other transactions with non-members.
Section 4849. Provident Fund.
Section 49
CHAPTER VII
CHAPTER VII
Section 5550. Audit.
Section 5052. Inspection.
Section 5253. Inspection of books by financing bank or federal society.
Section 5354. Rectification of defects in audit, inquiry or inspection.
Section 5455. Power to summon and examine documents and persons etc.
Section 5556. Cost of inquiry and inspection.
Section 5657. Society to pay certain expenses.
Section 5759. Suspension of officer or servant of society.
Section 5960. Surcharge.
Section 60
CHAPTER VIII
CHAPTER VIII
Section 6561. Disputes which may be referred to the Registrar.
Section 6162. Action to be taken by the Registrar on such reference.
Section 6263. Powers of financing bank to proceed against members of a society for recovery of moneys due to it from such society.
Section 63
CHAPTER IX
CHAPTER IX
Section 6964. Winding up of Societies.
Section 6465. Appointment of liquidator.
Section 6566. Power of the liquidator.
Section 6667. Restriction on alienation of property by a member of a society under winding up.
Section 6768. Cancellation of registration of a society.
Section 6869. Restoration of a society wound up.
Section 6969B. Disposal of surplus assets.
Section 69B
CHAPTER X
CHAPTER X
Section 7770. Power of the Registrar to recover certain amount by attachment and sale of property and execution of orders.
Section 7072. Registrar or person authorised by him to be a Civil Court for certain purposes.
Section 7273. Attachment of property before decision or order.
Section 7374. Recovery of amounts due to Government.
Section 74
CHAPTER XI
CHAPTER XI
Section 8277. Revision.
Section 7778. Review.
Section 78
CHAPTER XII
CHAPTER XII
Section 8579. Punishment for furnishing false return or information, disobeying summons or other lawful order, requisition, or direction, or for acting in contravention of Section 35 or Section 36 or for failure to produce books etc..
Section 3580. Prohibition of the use of the word 'co-operative' or its equivalent.
Section 8081. Punishment for failure to give effect to decision or order.
Section 8182. Punishment for offences not otherwise provided for.
Section 8283B. Presumption as to commission of offences in certain cases.
Section 83B83C. Presumption as to statements.
Section 83C
CHAPTER XIII
CHAPTER XIII
Section 9284. Definitions.
Section 8485. Application of chapter to [Financing Bank/Primary Agricultural Co-operative Society] .
Section 8586. Appointment of Trustee and his Powers and functions.
Section 8687. Trustee to be a corporation sole.
Section 8788. Issue of debentures by the Board.
Section 8889. Charges of debenture-holders on certain properties.
Section 8990. Guarantee by Government of principal of, and interest on, debentures.
Section 9091. Other guarantee by Government.
Section 9192. Priority mortgage over certain claims.
Section 9293. Right of [Financing Bank/Primary Agricultural Co-operative Society] or of the [Andhra Pradesh State Co-operative Bank Limited] to purchase mortgaged property.
Section 9395. Power of [Financing Bank/Primary Agricultural Co-operative Society] to receive moneys and grant discharges.
Section 9596. Right of 96. Right of [Financing Bank/Primary Agricultural Co-operative Society] to pay prior debts of mortgagor: [Financing Bank/Primary Agricultural Co-operative Society] to pay prior debts of mortgagor.
Section 9697. Power of [Financing Bank/Primary Agricultural Co-operative Society] to advance loans and to hold lands.
Section 9798. Mode of dealing with applications for loans.
Section 9899. Order granting loan conclusive of certain matters.
Section 99100. Recovery of loans by [Financing Bank/Primary Agricultural Co-operative Society] .
Section 100101. Recovery of loans on certificate by Registrar.
Section 101102. Collector to make recoveries during a certain period.
Section 102103. Distraint and sale.
Section 103104. Power of sale when to be exercised.
Section 104105. Powers of [Financing Bank/Primary Agricultural Co-operative Society] where mortgaged property is destroyed or security becomes insufficient.
Section 105106. Power of Board or Trustee to distraint and sell all property, etc..
Section 106107. Title of purchaser not to be questioned on ground of irregularity, etc.
Section 107108. Mortgage not to be questioned on insolvency of mortgagor.
Section 108109. Appointment of receiver and his powers.
Section 109110. Mortgagor's power to lease.
Section 110111. Registration of documents executed on behalf of [Financing Bank/Primary Agricultural Co-operative Society] or of the [Andhra Pradesh State Co-operative Bank Limited] .
Section 111112. Delegation of certain powers by Board.
Section 112113. Sections 102, 103 and 104 of the Transfer of Property Act, 1882, to apply to notices under this Chapter.
Section 113115. Power of the Board to supervise and make regulation.
Section 115115A. Definitions.
Section 115A115B. Special provisions applicable to eligible Co-operative Banks.
Section 115B
CHAPTER XIV
CHAPTER XIV
Section 125116. Powers of Registrar to appoint supervisory staff.
Section 116116AA. Abolition of Centralised services for certain categories of employees.
Section 116AA118. Address of society.
Section 118119. Copy of Act, Rules, Bye-laws, etc. to be open to inspection.
Section 119120. Power to summon witnesses and requisition documents.
Section 120121. Bar of jurisdiction of Court.
Section 121122. Power to exempt societies from conditions of Registration.
Section 122123. Power to exempt class of societies.
Section 123124. Register of members.
Section 124125. Proof of entries in society's books.
Section 125126. Notice necessary in suits.
Section 126127. Acts of societies not to be invalidated by certain defects.
Section 127128. Protection of acts done in good faith.
Section 128129. Certain Acts not to apply.
Section 129130. Power to make rules.
Section 130131. Power of Government to give directions.
Section 131132. Repeal and savings.
Section 132133. Act to override other laws.
Section 133134. Power to remove difficulties.
Section 134
andhra-pradesh-co-operative-societies-act-1964.json
•
144 Sections
•
Andhra Pradesh
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"title": "Andhra Pradesh Co-Operative Societies Act, 1964",
"short_title": "Andhra Pradesh Co-Operative Societies Act, 1964",
"act_number": "(Act No. 7 of 1964)",
"act_year": 1964,
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"number": "1",
"title": "CHAPTER I",
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"content": "Preliminary",
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"number": "1",
"title": "1. Short title, extent and commencement.",
"chapter": null,
"content": "Object & Reasons 6\nStatement of Objects and Reasons.\nStatements Of Objects And Reasons - (Act No. 2 of 1999).\nStatements of Objects and Reasons - (Act No. 15 of 2000).",
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"number": "2",
"title": "2. Definitions.",
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"content": "(a) 'bye-laws' means the registered bye-laws for the time being in force ;\n(b) 'Committee' means the governing body of a society by whatever name called, to which the management of the affairs of the society is entrusted;\n[(c) \"Co-operative year\" means, the period commencing on the 1st day of April of any year and ending with the 31st day of March of the succeeding year ;]\n(d) 'dividend' means a share of the profits of a society divided among its members in proportion to the share capital held by each of them ;\n(e) 'federal society' means a society to which similar class of societies are affiliated ;\n[(f) 'financing bank' means a society, the main object of which is to assist any affiliated or other society by giving loans or advancing moneys ; and includes any scheduled bank as defined in the Reserve Bank of India Act, 1934 (Central Act 2 of 1934) and such other body corporate or financial institution as may be notified by the Government from time to time, which gives financial or other aid to a society ;]\n(g) 'general body' in relation to the society means all the members of the society ;\n(h) 'general meeting' means a meeting of the general body of a society ;\n(i) 'Government' means the State Government ;\n[(i-a) 'Gram Panchayat' means, a gram panchayat constituted under Section 4 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act 13 of 1994) ;]\n[(j) 'member' means a member of a society, and includes an associate member ;]\n[(j-i) 'Mandal Parishad' means a Mandal Parishad constituted under Section 148 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act 13 of 1994) ;\n(j-ii) 'Municipal Corporation' means a Municipal Corporation constituted under the relevant law for the time being in force relating to the Municipal Corporations in the State ;\n(j-iii) 'Municipal Council' means a Municipal Council constituted under Section 5 of the Andhra Pradesh Municipalities Act, 1965 (Act VI of 1965) ;]\n[(j-iv) 'near relative' means father, mother, brother, sister, husband, wife, son, son-in-law, daughter, daughter-in-law, father-in-law, mother-in-law, brother-in-law, sister-in-law, nephew and niece;]\n(k) 'officer' includes a person elected or appointed by a society to any office of such society according to its bye-laws and a president, vice-president, chairman, vice-chairman, secretary, assistant secretary, treasurer, manager, member of committee, liquidator or any other person elected or appointed under this Act, rules or the bye-laws to give directions in regard to the business of the society.\n(k-i) [x x x]\n(l) 'prescribed' means prescribed by rules made under this Act;\n(m) 'rebate' means a share of the profits of a society divided among its members in proportion to the value of business done by each of them with the society ;\n(n) 'Registrar' means the Registrar of Co-operative Societies appointed under Section 3(1) and includes any other person on whom all or any of the powers of the Registrar under this Act are conferred ;\n(o) 'rules' means the rules made under this Act ;\n(p) 'society' means a Co-operative society registered or deemed to be registered under this Act ;\n(q) 'society with limited liability' means a society in which the liability of its members for the debts of the society, in the event of its being wound up, is limited by its bye-laws,-\n(i) to the amount, if any, unpaid on the shares held by each of them ; or\n(ii) to such amount as they may undertake to contribute to the assets of the society ;\n(r) 'society with unlimited liability' means a society, the members of which are, in the event of its being wound up, jointly and severally liable for and in respect of all its obligations and to contribute to any deficit in the assets of the society ;\n(s) 'State' means the State of Andhra Pradesh ;\n(t) 'Tribunal' means a Tribunal constituted under Section 75 and having jurisdiction ;\n[(u) 'Zilla Parishad' means a Zilla Parishad constituted under Section 177 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act 13 of 1994).]",
"footnote": "",
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{
"number": "4",
"title": "CHAPTER II",
"chapter": "CHAPTER II",
"content": "Registration of Societies",
"footnote": "",
"is_definition": false,
"sort_order": 3
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{
"number": "3",
"title": "3. Appointment of Registrar and other persons for the purpose of this Act.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 4
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{
"number": "4",
"title": "4. Society which may be registered.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 5
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{
"number": "5",
"title": "5. Registration with limited or unlimited liability.",
"chapter": null,
"content": "6. [x x x] Registration of a society.\n[(a) the application shall be accompanied by:-\n(i) the original and one copy of the proposed bye laws of the society as adopted by the applicants;\n(ii) a true copy of the minutes of the meeting at which the bye laws were adopted duly signed by the applicants;\n(iii) a sworn statement from each applicant that he is a member of a different family and particulars furnished in the application form prescribed are true to the best of his knowledge and belief;]\n(b) where all the applicants are individuals, the number of applicants shall not be less than ten, each being a member of a different family, and every one of them shall possess eligibility to become a member as required under sub-section (1) of Section 19 :\nExplanation:\n(c) Where the objects of the society include the raising of funds to be lent to its members and where all the applicants are individuals, the applicants shall reside or own immovable property in the same town, village or group of villages or belong to the same class or pursue the same occupation:\n[(cc) Where the objects of the Society include production and sales activity by supplying raw material to members for production of finished products and where all applicants are individuals, such applicants shall reside in the area of operations proposed for the society and belong to the same class or pursue the same occupation ; and it shall also be competent for the Government to specify by order such other class of societies, the applicants of which shall reside in the area of operations as aforesaid and belong to the same class or pursue the same occupation;]\n(d) the application shall be signed-\n(i) if the applicants are individuals by every one of such applicants, and\n(ii) if the applicant is a society, by a member duly authorised in this behalf by such society.\n(a) that the application conforms to the requirements laid down by this Act and the rules made thereunder;\n(b) that the objects of the Society seeking registration are in accordance with section 4;\n(c) that such Society is likely to be economically sound and that its registration may not have an adverse effect on the development of the Co-operative movement;\n(d) that the proposed bye-laws are not contrary to the provisions of this Act and the rules made thereunder; and\n(e) that the applicants are aware of the objects of the society as specified in Section 4 of the Act and contents of the proposed bye-laws, he may register the Society and its bye-laws within such time as may be prescribed.\n7.",
"footnote": "",
"is_definition": false,
"sort_order": 6
},
{
"number": "8",
"title": "8. Registration certificate.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 7
},
{
"number": "9",
"title": "9. Society to be a body corporate.",
"chapter": null,
"content": "[9A. Restriction and creation of any charge.",
"footnote": "",
"is_definition": false,
"sort_order": 8
},
{
"number": "9B",
"title": "9B. De-Registration of a society.",
"chapter": null,
"content": "(i) where the membership of the society falls short of the minimum number prescribed for registration of such society; or\n(ii) where the society has not commenced working within the prescribed period or has ceased to work; or\n(iii) where in the opinion of the Registrar, the society is conducting its affairs in contravention of the co-operative principles or in violation of the provisions of the Act, rules and bye-laws made thereunder or in a manner detrimental to the interest of its members or the promotion of the object for which it has been registered; or\n(iv) where. the society has been registered by fraud or misrepresentation of facts.",
"footnote": "",
"is_definition": false,
"sort_order": 9
},
{
"number": "9C",
"title": "9C. Appointment and Powers of the Official Assignee.",
"chapter": null,
"content": "(a) to institute and defend suits and other legal proceedings on behalf of the society by the name of his office;\n(b) to realise the assets of the society, by sale or otherwise;\n(c) to determine, from time to time, the contribution to be made or remaining to be made and the debts due by the members or past members or by the estates or nominees, heirs or legal representatives of deceased members or by any officers or former officers to the society;\n(d) to investigate all claims against the society, and subject to the provisions of this Act, to decide questions of priority arising between claimants;\n(e) to pay claims against the society including interest upto the date of winding up according to their respective priorities, if any, in full or rateably, as the assets of the society may permit, the surplus, if any, remaining after payment of the claims, being applied in payment of interest from the date of such order of winding up at a rate fixed by him but not exceeding the contractual rate in any case;\n(f) to determine by what persons and in what proportion the costs of liquidation are to be borne;\n(g) to determine whether any person is a member,' past member or nominee of deceased member;\n(h) to give such directions in regard to the collection and distribution of the assets of the society as may appear to him to be necessary for winding up the affairs of the society;\n(i) with the previous approval of the prescribed authority, to make any compromise or arrangement with creditors or persons claiming to be creditors or having or alleging to have any claim present or future, whereby the society may be rendered liable; and\n(j) with the previous approval of the Prescribed authority, to compromise all calls or liabilities to any calls and debts and liabilities capable of resulting in debts and all claims present or future, certain or contingent, subsisting or alleged to subsist between the society and a contributory or alleged contributory or other debtor or person apprehending liability to the society and all questions in any way relating to or affecting the assets or the winding up of the society on such terms as may be agreed and take any security for the discharge of any such call, liability, debt or claim and give a complete discharge in respect thereof.",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "10",
"title": "10. Change of name of society.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 11
},
{
"number": "11",
"title": "11. Change of liability.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 12
},
{
"number": "12",
"title": "12. Transfer of assets and liabilities, division, amalgamation and conversion of a society.",
"chapter": null,
"content": "(a) transfer its assets and liabilities in whole or in part to any other society which agrees to such transfer by a resolution ; or\n(b) divide itself into two or more societies ; or\n(c) convert itself into a society of a class different from one to which it belongs.\n[12A. Special provisions in respect of certain Societies.\n(a) in which majority of the shares are held, or\n(b) to which loan exceeding fifty percent of the total loan borrowed is advanced, or\n(c) in which liabilities by way of guarantee for borrowing including working capital borrowing exceeding fifty percent of the total borrowings are undertaken, by the Government or one or more Government Companies or one or more corporations owned or controlled by the Government, or a society in which majority of shares are held by one or more of the aforesaid persons or any combination thereof,-\n(i) has become a sick co-operative society and there is no possibility to rehabilitate it; or\n(ii) being in processing, manufacturing or other industrial sector, has its unit or units lying incomplete or idle or underutilised for want of funds or for any other reason, or ceased to undertake its operations, or cannot undertake its operations in a viable manner; or\n(iii) being in marketing, trading, commercial or any other sector has ceased to undertake its operations, or cannot undertake its operations in, a viable manner;\n(ii) It shall be the responsibility of the society to place the notice received from the Registrar before the general body convened for the purpose and communicate its objections or representations, if any, to the Registrar within a period of four weeks from the date of receipt of the notice from him:\n(i) assessing the value of the assets or the assets and liabilities, in whole or in part, of the society;\n(ii) formulating terms and conditions for transfer of assets or assets and liabilities, in whole or in part, of the society;\n(iii) calling for tenders or offers for the assets or assets and liabilities, in whole or in part, to obtain the best possible offer;\n(iv) evaluating the offers received and identifying the best offer;\n(v) finalising sale agreement and other documents relating to the transfer;\n(vi) receiving the proceeds from the sale;\n(vii) applying the proceeds towards discharge of the liabilities of the society as per the priorities set- out in sub-section (9);\n(viii) providing such other service or assistance as the Registrar may think it necessary; and\n(ix) advising and assisting generally on matters relating to employees, creditors and other matters connected with the sale.\n(ii) It shall be the responsibility of the society to place the notice received from the Registrar before the general body convened for the purpose and communicate its objections or representations, if any, to the Registrar within a period of four weeks from the date of receipt of the notice from him:\n(i) all expenses incurred for preservation and protection of the assets;\n(ii) (a) dues payable to workmen and employees;\n(b) debts payable to secured creditors according to their rights and priorities inter se;\n(c) dues payable to provident fund or other authorities which are protected under a statute by a charge on the assets;\n(iii) debts payable to ordinary creditors;\n(iv) share capital contributed by the members of the society:\nExplanation:\n(a) \"sick co-operative society\" means a co-operative society which has,\n(i) the accumulated losses in any financial year equal to fifty per cent or more of its average net worth during four years immediately preceding such financial year; or\n(ii) fail to repay its debts within any three consecutive quarters on demand made in writing for its repayment by a creditor or creditors of such society;\n(b) \"net worth\" means the sum total of the paid up capital and free reserves after deducting the provisions or expenses as may be prescribed.\n(c) \"free reserves\" means all reserves created out of the profits and share premium account but does not include reserve created out of revaluation of assets, write back of depreciation provisions and amalgamation;\n(d) \"debt\" means any liability (inclusive of interest), which is due and payable by a society, in cash or otherwise, whether secured or unsecured, or whether payable under a decree or order of any Civil Court or otherwise and legally recoverable from such society.\n(e) the expression \"cannot undertake its operations in a viable manner\" shall mean the level of operations of the society in any financial year during four financial years immediately preceding the financial year in which the issue is being considered, is such that the income generated therefrom is not adequate to meet even the operating and establishment costs, current liabilities and to service the loans and working capital borrowings availed by it.\n(f) \"person\" includes an individual, partnership, trust, company, corporation, co-operative society, an association of persons or a body of individuals, whether incorporated or not, and every artificial juridical persons, not falling within any of the preceding categories;\n(g) \"Implementation Secretariat\" means the implementation Secretariat established in the Department of Public Enterprises by the State Government in G.O.Ms.No.150, General Administration (PE-II) Department, dated 30th April, 1998.\n[(h) \"best offer\" means the highest offer received that complies with the requirements specified in the call for tenders or offers.]",
"footnote": "",
"is_definition": false,
"sort_order": 13
},
{
"number": "13",
"title": "13. Exercise of option by members and creditors.",
"chapter": null,
"content": "(a) all the members or creditors have assented, or deemed to have assented, to the resolution under sub-section (1) or sub-section (2) of this section; and\n(b) all claims of the members and creditors who have exercised the option referred to under sub-section (1) within the period specified therein have been met in full or otherwise satisfied; and\n(c) (i) in the case of change of liability or conversion, amendment of the bye-laws of the societies concerned is registered ;\n[(ii) in the case of transfer of assets and liabilities in whole or in part, the consent of the financing bank or federal society as the case may be, if applicable is obtained; or.]\n(iii) in the case of division or amalgamation, the certificate of registration of the societies or the society, as the case may be, is issued.",
"footnote": "",
"is_definition": false,
"sort_order": 14
},
{
"number": "14",
"title": "14. Effect of transfer, division and amalgamation.",
"chapter": null,
"content": "(a) when the whole of the assets and liabilities of such society are transferred to another society ; or\n(b) when such society divides itself into two or more societies.\n15.\n[15A.]\n(a) for ensuring economic viability of any or all the societies concerned ; or\n(b) for avoiding overlapping or conflict of jurisdictions of societies in any area; or\n(c) for securing proper management of any society ; or\n(d) in the interest of the co-operative movement in general and of co-operative credit structure in particular in the State taken as a whole ; or\n(e) for any other reason in the public interest,\nExplanation:\n(i) the term 'Registrar' means the person on whom the powers of the Registrar under this section are conferred under clause (n) of Section 2.\n(ii) any society may convene the general body meeting within seven days from the date of publication of the notification.\n(i) the societies affected by the amalgamation shall be deemed to have been amalgamated with the society or societies with which each one is amalgamated ;\n(ii) the registration of every amalgamated or divided society shall stand cancelled whereupon such society shall cease to exist as a corporate body;\n(iii) the area added to the area of operation of the society shall be deemed to have been transferred to such society to which it is added ;\n(iv) the assets of such amalgamated or divided society shall stand transferred to and its liabilities shall devolve on, the society with which it is amalgamated and all immovable properties located in the area transferred shall be deemed to be transferred to the society to which the area is transferred;\n(v) every member of such amalgamated or divided society and residing in the area so transferred shall be deemed to have been transferred together with his loans, share capital deposits to the society with which it is amalgamated or to which the area is transferred and he shall have the same rights, privileges and liabilities which he has had in the amalgamated or divided society ;\n(vi) the Committee of the amalgamated or divided society shall stand dissolved and thereupon, the Registrar shall nominate a Committee or appoint a person or persons, wherever necessary to manage the affairs of such society for a period [not exceeding three months] and arrange for the conduct of elections before the expiry of the term ;\n(vii) it shall be competent for the Registrar to allot, by order, employees of such societies which are amalgamated or divided to any society or societies ; and\n(viii) notwithstanding anything in this Act or in any other law, or in any contract, award or any other instrument for the time being in force, the provisions of the order of the Registrar under sub-sections (2) and (3) shall be binding on all societies and their members, depositors, creditors, employees and other persons having any rights, assets or liabilities in relation to all or any of the concerned societies ;]",
"footnote": "",
"is_definition": false,
"sort_order": 15
},
{
"number": "16",
"title": "16. Amendment of bye-laws of a society.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 16
},
{
"number": "17",
"title": "17. Partnership of societies.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
{
"number": "18",
"title": "18. Classification.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 18
},
{
"number": "20",
"title": "CHAPTER III",
"chapter": "CHAPTER III",
"content": "Members and their Rights and Liabilities",
"footnote": "",
"is_definition": false,
"sort_order": 19
},
{
"number": "19",
"title": "19. Eligibility for membership.",
"chapter": null,
"content": "[(a) an individual who attained majority and is of sound mind and who belongs to a class of persons, if any, for whom the society is formed as per its bye-laws and who possesses such qualifications as may be specified in the bye-laws or as may be prescribed for the concerned class of societies in the interest of Co-operative movement.]\n(b) a society registered, or deemed to be registered, [under this Act or the Andhra Pradesh Mutually Aided Co-operative Societies Act, 1995 (Act No. 30 of 1995)] [and which belongs to the class of societies, if any, for which the society is formed as per its bye-laws :]\n(c) the Government ;\nExplanation\nI\n(i) 'family' means husband, wife, unmarried sons, unmarried daughters and other dependents in the house-hold ;\n(ii) 'weaver' means any individual not being a master weaver, who attends to operations of weaving of cloth or fabric or product on the loom whether such operation is carried on in private dwelling house or any other place and is dependent on weaving as profession and income thereof.\nExplanation II\n(i) any firm, company or any other body corporate constituted under any law for the time being in force, or a society registered under the relevant Societies Registration Act or a local authority or a public trust registered under any law for the time being in force relating to the registration of such trusts, which is immediately before the commencement of this Act, a member of a society deemed to be registered under this Act shall have, subject to the other provisions of this Act, the right to continue to be such member on and after such commencement ;\n(ii) the requirements specified in [clauses (c) and (cc) in sub-section (2) of Section 6] for individual signing the application for registration of a society referred to therein, shall also apply to individuals seeking admission as members of such society after its registration ;\n(iii) any statutory body constituted for the purpose of development of a particular industry, may become a member of a co-operative marketing or processing society of growers or workers engaged in such industry;\n[20. Associate Member.\n[20A. Validation:",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "21",
"title": "21. Disqualification for membership of society.",
"chapter": null,
"content": "(a) is an applicant to be adjudicated, an insolvent or is an undischarged insolvent ; or\n[(aa) is not eligible for membership under Section 19] ; or\n(b) has been sentenced for any offence involving more turpitude, such sentence not having been reversed and a period of three years has not elapsed from the date of expiration of the sentence; or\n(c) is a paid employee of the society or of its financing bank or of any society for which it is the financing bank ; or\n(d) has been expelled from membership under this Act and a period of one year has not elapsed from the date of such expulsion; [or]\n[(e) is carrying on business of such kind as the Registrar may by general or special order, declare to be a business which is in conflict with the objects or interests of the society ;] [or]\n[(f) as such member fails to transact such minimum business or utilise minimum services or facilities in a year as may be specified in the bye-laws; or\n(g) fails to attend two consecutive General body meetings in two years without leave of absence; or\n(h) fails to give information relevant to him to the society as specified in the bye-laws.]\n[(i) a society which has as its principal object the provision of employment to its members ; or\n(ii) such other society as may be prescribed.]\n[21A. Disqualification for membership of committee.\n(a) is such near relative of such paid employee of the society or its financing bank as may be prescribed ;\n(b) is in default in the payment of any amount due in cash or kind to the society or any other society for such period as may be prescribed or is a delegate of a society which is defunct or which is in default as aforesaid :\n(c) is a person against whom any amount due under a decree, decision, award or order is pending recovery under this Act;\n(d) acquires any interest in any subsisting contract made with or work being done for the society, except as otherwise prescribed;\n(e) is of unsound mind and stands so declared by competent Court, a deaf-mute or a leper ;\n(f) is appearing as legal practitioner on behalf of or against the society;\n[(g) is carrying on business of such kind as the Registrar may, by general or special order, declare to be a business which is in conflict with the objects, or interests of the Society ;]\n[(h) has been sentenced to imprisonment for an offence under the Protection of Civil Rights Act, 1955 ;]\n[(i) is a Village Administrative Officer or an employee of the State or Central Government or an employee of any institution receiving aid from the funds of the State or Central Government or an employee of an undertaking owned and controlled by the State or Central Government :\n(j) is convicted by a Criminal Court for an offence involving moral deliquency:\n[(i) his delegation is withdrawn ;\n(ii) the committee which elected him as the delegate, has been superseded ;\n(iii) the society of which he is the delegate is defunct or commits default in the payment of any amount due in cash or kind to such other society for the period prescribed ; or\n(iv) the affairs of the society of which he is the delegate are wound up.]\n(b) If any person, on the date of his election of appointment as a member of the committee, is a member of the committees of two societies as specified in clause (a) and the committee to which he is elected or appointed on that date is the committee of any apex society or central society, then, his election or appointment on the date aforesaid shall be void.\n(c) If any person is, at the commencement of the Andhra Pradesh Co-operative Societies (Amendment) Act, 1970, a member of the committees of more than two societies of any class or classes specified in clause (a), then at the expiration of the period of ninety days from such commencement, he shall cease to be a member of the committees of all such societies unless he has, before the expiration of the said period of ninety days, resigned his membership of the committees of all but two of such societies.\n(d) Nothing in this sub-section shall apply to an officer of the Government who is nominated as a member of the committee by the Government or the Registrar.]\n[21AA. Cessation of Membership of Committee:]\n(a) [x x x]\n(b) on an enquiry under this Act he is found guilty of misuse of the property of the society for his personal gain ;\n(c) he is found responsible for making any appointment to any post in the society in contravention of the relevant service rules and regulations.\n[21B. Cessation of membership and reinstatement] .\n21C.",
"footnote": "",
"is_definition": false,
"sort_order": 21
},
{
"number": "22",
"title": "22. Right of members to services by society and application for redress:",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 22
},
{
"number": "23",
"title": "23. Expulsion of Members.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 23
},
{
"number": "24",
"title": "24. Members not to exercise rights till payments are made.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 24
},
{
"number": "25",
"title": "25. Vote and manner of its exercise.",
"chapter": null,
"content": "(a) contributes a minimum share capital as may be prescribed;\n(b) [x x x]\n[(c) is a member of the society for a continuous period as may be prescribed ;]\n(d) is not in default in the payment of any amount due in cash or kind to the society for such period as may be prescribed.]",
"footnote": "",
"is_definition": false,
"sort_order": 25
},
{
"number": "26",
"title": "26. Restriction on holding of shares.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 26
},
{
"number": "27",
"title": "27. Restrictions on transfer of shares or interest.",
"chapter": null,
"content": "(a) the member has held such share or interest for not less than one co-operative year ; and\n(b) the transfer is made to a member of the society.",
"footnote": "",
"is_definition": false,
"sort_order": 27
},
{
"number": "28",
"title": "28. Transfer of interest on death of a member.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 28
},
{
"number": "29",
"title": "29. Liability of past member and estate of deceased member.",
"chapter": null,
"content": "(a) in the case of a past member, on the date on which he ceased to be a member ;\n(b) in the case of a deceased member, on the date of his death; shall continue for a period of two years from such date.",
"footnote": "",
"is_definition": false,
"sort_order": 29
},
{
"number": "31",
"title": "CHAPTER IV",
"chapter": "CHAPTER IV",
"content": "Management of Societies",
"footnote": "",
"is_definition": false,
"sort_order": 30
},
{
"number": "30",
"title": "30. Ultimate authority of society.",
"chapter": null,
"content": "(b) Notwithstanding anything in clause (a), where the area of operation of a society is not less than such area as may be prescribed, or where the society consists of not less than such number of members as may be prescribed, the society may and if so directed by the Registrar shall provide in its bye-laws for the Constitution of smaller general body designated as the representative general body consisting of such number of members of the society as may be specified in and elected in accordance with, the rules, to exercise all or any of the powers of the general body except the power to conduct elections of members of the committee as may be specified in the bye-laws ; and thereupon any reference in this Act to the general body meeting thereof shall be construed as a reference to the representative general body or its meetings :\n(c) The exercise of any power by representative general body shall be subject to such restrictions and conditions as may be specified in the rules or the bye-laws.\n(i) election and removal of [members of the committee and members] ;\n(ii) annual report to the Registrar ;\n(iii) consideration of the audit report and the annual service ;\n(iv) disposal of the net profits ;\n(v) amendment to bye-laws ;\n(vi) expulsion of a member ;\n(vii) approval of the annual budget of income and expenditure ;\n(viii) affiliation of the society to the financing bank or other societies ; [x x x]\n(ix) [election of delegates to the financing Bank or other societies] :\n[Provided that where a delegate is not elected under this item the President shall be the delegate to the Financing Bank or other society until a delegate is elected ; Provided further that where a President is elected by direct election, he shall represent the society as a delegate to the Financing Bank or other Societies.]\n[(x) review of the loans and advances sanctioned to or the business done with the society by the members of the committee or their such near relatives as may be prescribed, and report to the Registrar about any default in the recovery of the amounts due to the society :]\n[(xi) appointment of two internal auditors from among its members other than the members of the committee ;\n(xii) consideration of the report of the internal auditors appointed by it.]\n[(xiii) contribution to Cooperative Education Fund;\n(xiv) consideration of report of inquiry under Section 51 or Inspection under Section 52 or under Section 53 or Special report of Audit under Section 50;\n(xv) decision on bad debts considered irrecoverable;\n(xvi) management of deficits in stocks or cash;\n(xvii) appointment of members of supervisory council, entrustment of duties to the supervisory council and consideration of its reports;\n(xviii) decision on transfer of assets and liabilities, on division or amalgamation;\n(xix) review of attendance of Committee members;\n(xx) review of membership;\n(xxi) review of the report on the disqualification of the members and the committee members;\n(xxii) review of all overdue loans and defaulters;\n(xxiii) approval of the staffing pattern, pay and other allowances of the employees of the society and contingencies, subject to the availability of administrative and contingent fund and approval of the Registrar.]\n[30A. Constitution of supervisory council.",
"footnote": "",
"is_definition": false,
"sort_order": 31
},
{
"number": "31",
"title": "31. Constitution of committees.",
"chapter": null,
"content": "[(b) On the Committee of such society or class of societies] , [other than the societies formed exclusively for the persons belonging to the Scheduled Castes, Scheduled Tribes or Backward Classes] as may be notified by the Government, such number of seats as may be specified by them shall be reserved for the members of the Weaker Section :\nExplanation:\n[(c) Two women members shall be nominated by the Registrar to the Committee of such class of societies and in such manner as may be prescribed from among the women members belonging to Self-Help Groups, Rythu Mithra Groups and Non-Governmental organizations. Such nominated women members, notwithstanding anything contained in this Act, may take part in proceedings of the meetings of the committee but shall not have the right to vote.\n(d) One member belonging to minority community, shall be nominated by the Registrar to the Committee of such class of societies and in such manner as may be prescribed from among the members belonging to minority communities. Such nominated members, notwithstanding anything contained in this Act, may take part in proceedings of the meetings of the committee but shall not have the right to vote.]\n[(2) [(a) Save as otherwise provided in this Act, the term of office of the committee or any of its members or of the President elected in accordance with the provisions of sub-section (5) shall be five years from the date of election of the members of the committee :\n(b) It shall be the duty of the Registrar to hold elections to the [office of the members of the committee of a society which received State aid as specified in Section 43 of the Act before the expiry of their term.]\n[(c)In respect of other societies it shall be the responsibility of the incumbent committee of such society to hold elections to the office of the members of the committee in the manner specified in the byelaws before the expiry of the term:\n(b) In any other case, the election officer and the manner of election of the members of the committee shall be such as may be prescribed ;\n(b) In the absence of such bye-laws, the society may elect members to its committee from among all the members of the society.]\n[31A. Powers and functions of the committee.\n(a) disposal of properties;\n(b) deficits in cash or stocks;\n(c) proposals for appropriation of net profits including creation of reserves and other funds;\n(d) write off bad debts;\n(e) removal of membership;\n(f) contribution to cooperative education fund and administrative and contingent fund;\n(g) expulsion of member who has acted adversely to the interests of the society;\n(h) affiliation of the society to the financing bank or other societies;\n(i) 'elections of delegates to the financing bank or other societies;\n(j) appointment of supervisory council and internal auditors and consideration of their reports and follow up action.",
"footnote": "",
"is_definition": false,
"sort_order": 32
},
{
"number": "32",
"title": "32. General meetings and committee meetings.",
"chapter": null,
"content": "(i) such number of members or proportion of the total number of members, as may be specified in the bye-laws ;\n(ii) the financing bank to which the society is indebted ;\n(iii) a federal society to which the society is affiliated ; or\n(iv) the Registrar.\n(b)(i) If, at any general meeting of the society called by the Registrar himself under clause (a), otherwise than in pursuance of the requisition, there is no quorum , the meeting shall stand adjourned to such other date and time as the Registrar may determine.\n(ii) If at the adjourned meeting also there is no quorum for holding the meeting, the members present shall constitute the quorum.\n(c) If at any general meeting of the society called by the Registrar himself under clause (a) in pursuance of the requisition, there is no quorum , the requisition shall lapse.\n(b) The person or persons so appointed shall, subject to the control of the Government or as the case may be, of the Registrar and subject to such instructions or directions as they may issue, from time to time, have power to exercise all or any of the functions of the committee or any officer of the society and to take all such actions as may be required in the interest of the society.\n(c) The Registrar may fix the remuneration payable to the person or persons so appointed. 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.\n[(d) The Registrar may at any time, and shall at the expiration of the period of appointment of person or persons so appointed, arrange for calling of a general meeting for the election of a new committee in such manner as may be prescribed. The person or persons so appointed shall cease to manage the affairs of the society on the new committee entering upon its office.]\n32A.",
"footnote": "",
"is_definition": false,
"sort_order": 33
},
{
"number": "32B",
"title": "32B. Devolution of the powers and functions of the President or Vice-President.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 34
},
{
"number": "33",
"title": "33. Nominee of the Government on the Committee.",
"chapter": null,
"content": "(a) have subscribed to the share capital of a society, or\n(b) have assisted indirectly in the formation or augmentation of the share capital of a society as provided in Section 43, or\n(c) have guaranteed the repayment of principal and payment of interest on debentures issued by a society, or\n(d) have guaranteed the repayment of principal and payment of interest on loans and advances to a society, the Government or any authority specified by the Government in this behalf shall have the right to nominate to the committee not more than [three persons as members] or one third of the total number of members of the committee, whichever is less, [notwithstanding anything contained in the bye-laws of society.]",
"footnote": "",
"is_definition": false,
"sort_order": 35
},
{
"number": "34",
"title": "34. Supersession of the committee.",
"chapter": null,
"content": "[34A. Motion of no-confidence in the President and Vice-President of the committee.\nExplanation:",
"footnote": "",
"is_definition": false,
"sort_order": 36
},
{
"number": "38",
"title": "CHAPTER V",
"chapter": "CHAPTER V",
"content": "Rights and Privileges of Societies",
"footnote": "",
"is_definition": false,
"sort_order": 37
},
{
"number": "35",
"title": "35. First charge of a society on certain movable assets of a member for the amount due by him.",
"chapter": null,
"content": "(a) the necessary wearing apparel, cooking vessels, beds and bedding and such personal ornaments of a woman as in accordance with religious usage cannot be parted with by her ;\n(b) ploughs, implements of husbandry, one pair of ploughing cattle, such manure and seed grain stocked by him, as may be necessary for the due cultivation of his lands in the ensuring year.",
"footnote": "",
"is_definition": false,
"sort_order": 38
},
{
"number": "36",
"title": "36. Charge on the immovable property of a member for the loans borrowed.",
"chapter": null,
"content": "Explanation:\n(i) any society, the majority of members of which are agriculturists and the primary object of which is to obtain credit for its members of any agricultural purpose ; or\n(ii) any society or any class of societies specified in this behalf by the Government by a general or special order.]",
"footnote": "",
"is_definition": false,
"sort_order": 39
},
{
"number": "37",
"title": "37. Deduction from salary or wages.",
"chapter": null,
"content": "(b) Where the amount to be deducted in any month in accordance with the requisition made by a society, or where a requisition has been made by two or more societies in respect of the same person, the total amount to be deducted in accordance with all the requisitions, exceeds one-third of his entire gross salary or wages for the month, the employer shall deduct from the salary or wages of such person only a sum representing one-third of his entire gross salary or wages for the month. The amount deducted shall, where deductions have been made against requisitions received from two or more societies be paid by the employer to all the societies in proportion to the amounts to be deducted according to their requisitions :\nExplanation:\nExplanation:",
"footnote": "",
"is_definition": false,
"sort_order": 40
},
{
"number": "38",
"title": "38. Charge and set-off in respect of shares or interest of members in the capital, etc., of a society.",
"chapter": null,
"content": "(i) any sum invested in the financing bank as reserve fund by the society if the bank is not the sole creditor of the society ; or\n(ii) any sum invested in it by the society as provident fund of its employees established under Section 49.",
"footnote": "",
"is_definition": false,
"sort_order": 41
},
{
"number": "39",
"title": "39. Share or interest, etc., not liable to attachment.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 42
},
{
"number": "40",
"title": "40. Right to set-off where a registered society purchases immovable property at a sale under the Andhra Pradesh Revenue Recovery Act, 1864, for any amount due to it.",
"chapter": null,
"content": "\"Third.\n\"Fourth.",
"footnote": "",
"is_definition": false,
"sort_order": 43
},
{
"number": "41",
"title": "41. Exemption from certain taxes, duties and fees.",
"chapter": null,
"content": "(a) the taxes on professions, trades, callings and employments ;\n(b) the stamp duty with which, under any law for the time being in force, instruments executed by or on behalf of a society or by an officer or member and relating to business of such society or any class of such instruments or decisions or orders of the Registrar or arbitrator or liquidator under this Act, are respectively chargeable ; or\n(c) any fee payable under the law relating to registration for the time being in force or Court-fees.",
"footnote": "",
"is_definition": false,
"sort_order": 44
},
{
"number": "42",
"title": "42. Exemption from compulsory registration of instruments.",
"chapter": null,
"content": "(a) any instruments relating to shares in a society notwithstanding that the assets of the society consist in whole or in part of immovable property ;\n(b) any debentures issued by any such society and not creating, declaring, assigning, limiting or extinguishing any right, title or interest to or in immovable property except in so far as it entitles the holder to the security afforded by a registered instrument whereby the society has mortgaged, conveyed or otherwise transferred the whole or part of its immovable property or any interest therein to trustees upon trust for the benefit of the holders of such debentures ; or\n(c) any endorsement upon or transfer of any other debenture issued by any such society.",
"footnote": "",
"is_definition": false,
"sort_order": 45
},
{
"number": "47",
"title": "CHAPTER VI",
"chapter": "CHAPTER VI",
"content": "Properties and Funds of Societies",
"footnote": "",
"is_definition": false,
"sort_order": 46
},
{
"number": "43",
"title": "43. State aid to Societies.",
"chapter": null,
"content": "(a) give loans or advance moneys to a society ;\n(b) subscribe to the share capital of a society ;\n(c) provide moneys to a society\n(i) for the purchase of shares of other societies ; or\n(ii) to enable it to provide moneys to another society to purchase shares in other societies ;\n(d) guarantee the repayment of principal and payment of interest on debentures issued by a society ;\n(e) guarantee the repayment of share capital of a society and dividends thereon at such rates as may be specified by the Government ;\n(f) guarantee the repayment of principal and payment of interest on loans and advance of moneys to a society ;\n(g) guarantee the repayment of deposits received by a society and payment of interest on such deposits subject to such terms and conditions as may be laid down by the Government ; and\n(h) give financial aid in any other form including subsidies to any society.",
"footnote": "",
"is_definition": false,
"sort_order": 47
},
{
"number": "44",
"title": "44. Funds other than net profits not to be divided among members.",
"chapter": null,
"content": "[44A. Constitution and utilisation of Co-operative Education Fund.",
"footnote": "",
"is_definition": false,
"sort_order": 48
},
{
"number": "45",
"title": "45. Disposal of [x x x] profits.",
"chapter": null,
"content": "(a) transfer an amount not being less than twenty-five per cent of the profits as may be prescribed, to the reserve fund :\n(b) [x x x]\n[(c) credit such portion of the profits, as may be prescribed, to the bad debts reserve] ;\n[(d) pay towards dividend to members on their paid-up share capital, an amount not being less than fifteen per cent of the net profit;\n(e) pay an amount not being less than fifteen per cent of the net profit towards rebate to members on the amount or volume of business done by them with the Society in the manner specified in the bye-laws] .\n(a) [x x x] ;\n(b) [x x x] ;\n(c) constitution of or contribution to, such special funds as may be specified in the bye-laws ;\n(d) payment of bonus to employees of the society or remuneration to a member for services rendered by him to the society to the extent and the manner specified in the bye-laws ;\n(e) donation of moneys, not exceeding ten per cent of the net profits to be utilised within the area of operation of the society for any charitable purpose as defined in Section 2 of the Charitable Endowments Act, 1890: Provided that such moneys may be utilised with the permission of the Government for any such purpose outside the area of operation of the society.",
"footnote": "",
"is_definition": false,
"sort_order": 49
},
{
"number": "46",
"title": "46. Investment of funds.",
"chapter": null,
"content": "(a) in the Postal Savings Banks ;\n(b) in any of the securities specified in Section 20 of the Indian Trust Act, 1982 ;\n(c) in the shares of securities of any other society ;\n[(d) with any Nationalised Bank or Scheduled Bank ;] [or the concerned District Co-operative Central Bank.]\n(e) [x x x]\nExplanation:",
"footnote": "",
"is_definition": false,
"sort_order": 50
},
{
"number": "47",
"title": "47. Restrictions on borrowings and loans.",
"chapter": null,
"content": "Explanation.\n(b) Every primary agricultural credit society shall, in such areas as may be prescribed disburse the amount granted by it to any of its members towards a short term loan or a medium term loan by way of cheque in favour of the loanee or at the request of the loanee by money order ; and no such cheque shall be endorsed by the loanee in favour of any officer of the society.",
"footnote": "",
"is_definition": false,
"sort_order": 51
},
{
"number": "48",
"title": "48. Restrictions on other transactions with non-members.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 52
},
{
"number": "49",
"title": "49. Provident Fund.",
"chapter": null,
"content": "(a) be used in the business of the 'society ;\n(b) form part of the assets of the society ; or\n(c) be liable to attachment or be subject to any other process of any Court or other authority.",
"footnote": "",
"is_definition": false,
"sort_order": 53
},
{
"number": "55",
"title": "CHAPTER VII",
"chapter": "CHAPTER VII",
"content": "Audit, Inquiry, Inspection and Surcharge",
"footnote": "",
"is_definition": false,
"sort_order": 54
},
{
"number": "50",
"title": "50. Audit.",
"chapter": null,
"content": "[51. Inquiry.\nExplanation:",
"footnote": "",
"is_definition": false,
"sort_order": 55
},
{
"number": "52",
"title": "52. Inspection.",
"chapter": null,
"content": "(a) satisfies the Registrar that the debt is a sum then due and that he has demanded payment thereof and has not received satisfaction within a reasonable time ; and\n(b) deposits with the Registrar such sum as security, for the costs of the proposed inspection as the Registrar may require.\nExplanation:",
"footnote": "",
"is_definition": false,
"sort_order": 56
},
{
"number": "53",
"title": "53. Inspection of books by financing bank or federal society.",
"chapter": null,
"content": "Explanation:",
"footnote": "",
"is_definition": false,
"sort_order": 57
},
{
"number": "54",
"title": "54. Rectification of defects in audit, inquiry or inspection.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 58
},
{
"number": "55",
"title": "55. Power to summon and examine documents and persons etc.",
"chapter": null,
"content": "(a) may summon any person who, he has reason to believe has knowledge of any of the affairs of the society to appear before him at any place at the headquarters of the society or any branch thereof or at any other place specified by the Registrar, and may examine that person on oath :\n(b) may seize the books, accounts or documents belonging to, or in the custody of, the society, if he considers that such seizure is necessary to ensure safety of such books, accounts or documents, and shall give the person from whose custody the books, accounts or documents have been seized, a receipt for the same :\n[55A. Maintenance of Accounts and Books, etc.] .",
"footnote": "",
"is_definition": false,
"sort_order": 59
},
{
"number": "56",
"title": "56. Cost of inquiry and inspection.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 60
},
{
"number": "57",
"title": "57. Society to pay certain expenses.",
"chapter": null,
"content": "[58. Payment of fees to the Government for services rendered to a society, etc.",
"footnote": "",
"is_definition": false,
"sort_order": 61
},
{
"number": "59",
"title": "59. Suspension of officer or servant of society.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 62
},
{
"number": "60",
"title": "60. Surcharge.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 63
},
{
"number": "65",
"title": "CHAPTER VIII",
"chapter": "CHAPTER VIII",
"content": "Settlement of Disputes",
"footnote": "",
"is_definition": false,
"sort_order": 64
},
{
"number": "61",
"title": "61. Disputes which may be referred to the Registrar.",
"chapter": null,
"content": "(a) among members, past members and persons claiming through members, past members and deceased members ; or\n(b) between a member, past member or person claiming through a member, past member or deceased member and the society, its committee or any officer, agent or employee of the society ; Or\n(c) between the society or its committee, and any past committee, any officer, agent or employee, or any past officer, past agent, or past employee or the nominee, heir or legal representative of any deceased officer, deceased agent or deceased employee of the society ; or\n(d) between the society and any other society, such dispute shall be referred to the Registrar for decision.\nExplanation:\n(i) a claim by a society for any debt or other amount due to it from a member, past member, the nominee, heir or legal representative of a deceased member, whether such debt or other amount be admitted or not ;\n(ii) a claim by surety against the principal debtor where the society has recovered from the surety any amount in respect of any debt or other amount due to it from the principal debtor as a result of the default of the principal debtor whether such debt or other amount due to be admitted or not ;\n(iii) a claim by a society against a member, past member, or the nominee, heir or legal representative of a deceased member for the delivery of possession to the society of land or other immovable property resumed by it for breach of the conditions of assignment or allotment of such land or other immovable property ;",
"footnote": "",
"is_definition": false,
"sort_order": 65
},
{
"number": "62",
"title": "62. Action to be taken by the Registrar on such reference.",
"chapter": null,
"content": "(a) elect to decide the dispute himself ; or\n(b) transfer it for disposal to any person who has been invested by the Government with powers in that behalf ; or\n(c) refer it for disposal to an arbitrator.",
"footnote": "",
"is_definition": false,
"sort_order": 66
},
{
"number": "63",
"title": "63. Powers of financing bank to proceed against members of a society for recovery of moneys due to it from such society.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 67
},
{
"number": "69",
"title": "CHAPTER IX",
"chapter": "CHAPTER IX",
"content": "Winding up and cancellation of Registration of Societies",
"footnote": "",
"is_definition": false,
"sort_order": 68
},
{
"number": "64",
"title": "64. Winding up of Societies.",
"chapter": null,
"content": "(a) where it is a condition of the registration of the society that the society shall consist of at least ten members and the membership falls short of that number ; or\n(b) where the society has not commenced working within the prescribed period or has ceased to work ; or\n[(c) where in the opinion of the Registrar the society is conducting its affairs in a manner detrimental to the interests of its members or the promotion of the object for which it has been registered.]",
"footnote": "",
"is_definition": false,
"sort_order": 69
},
{
"number": "65",
"title": "65. Appointment of liquidator.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 70
},
{
"number": "66",
"title": "66. Power of the liquidator.",
"chapter": null,
"content": "(a) to institute and defend suits and other legal proceedings on behalf of the society by the name of his office ;\n(b) to realise the assets of the society, by sale or otherwise ;\n(c) to determine, from time to time, the contribution to be made or remaining to be made and the debts due by the members or past members or by the estates or nominees, heirs or legal representatives of deceased members or by any officers or former officers to the society ;\n(d) to investigate all claims against the society, and subject to the provisions of this Act, to decide questions of priority arising between claimants ;\n(e) to pay claims against the society including interest upto the date of winding up according to their respective priorities, if any, in full or rateably, as the assets of the society may permit, the surplus, if any, remaining after payment of the claims, being applied in payment of interest from the date of such order of winding up at a rate fixed by him but not exceeding the contract rate in any case ;\n(f) to determine by what persons and in what proportions the costs of liquidation are to be borne ;\n(g) to determine whether any person is a member, past member or nominee of deceased member ;\n(h) to give such directions in regard to the collection and distribution of the assets of the society as may appear to him to be necessary for winding up the affairs of the society ;\n(i) to carry on the business of the society so far as may be necessary for its beneficial winding up ;\n(j) with the previous approval of the prescribed authority, to make any compromise or arrangement with creditors or persons claiming to be creditors or having or alleging to have any claim present or future, whereby the society may be rendered liable; and\n(k) with the previous approval of the prescribed authority, to compromise all calls or liabilities to any calls and debts and liabilities capable of resulting in debts and all claims present or future, certain or contingent, subsisting or alleged to subsist between the society and a contributory or alleged contributory or other debtor or person apprehending liability to the society and all questions in any way relating to or affecting the assets or the winding up of the society on such terms as may be agreed and take any security for the discharge of any such call, liability, debt or claim and give a complete discharge in respect thereof ;",
"footnote": "",
"is_definition": false,
"sort_order": 71
},
{
"number": "67",
"title": "67. Restriction on alienation of property by a member of a society under winding up.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 72
},
{
"number": "68",
"title": "68. Cancellation of registration of a society.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 73
},
{
"number": "69",
"title": "69. Restoration of a society wound up.",
"chapter": null,
"content": "[69A. Termination of liquidation proceedings.",
"footnote": "",
"is_definition": false,
"sort_order": 74
},
{
"number": "69B",
"title": "69B. Disposal of surplus assets.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 75
},
{
"number": "77",
"title": "CHAPTER X",
"chapter": "CHAPTER X",
"content": "Execution of Decisions, Decrees and Orders",
"footnote": "",
"is_definition": false,
"sort_order": 76
},
{
"number": "70",
"title": "70. Power of the Registrar to recover certain amount by attachment and sale of property and execution of orders.",
"chapter": null,
"content": "(a) any amount due under a decision or an order of the Registrar, or any person authorised by him, or an arbitrator ;\n(b) any amount ordered to be paid towards the expenses of a general meeting of a society called under Section 32 ;\n(c) any amount awarded by way of costs under Section 56 to a society including a financing bank or a Federal society ;\n(d) any amount payable [x x x] towards fees under Section 58;\n(e) any amount ordered under Section 60 to be repaid to a society or recovered as a contribution to its assets ; or\n(f) any amount ordered under Section 66 to be recovered as a contribution to its assets, together with the interest, if any, due on such amount and the costs of process by the attachment and sale or by sale without attachment of the property of the person or the society against whom such decision or order, has been passed or obtained.\n(a) by the Civil Court having local jurisdiction on a certificate signed by the Registrar or any person authorised by him in this behalf as if the order or decision were a decree of that Court ; or\n(b) by the Collector, on an application made to him within twelve years from the date fixed for payment in the order or decision and if no such date fixed from the date of the order or decision, along with a certificate signed by the Registrar or by any person authorised by him in this behalf, as if the amount due under the order or decision were an arrear of land revenue; or\n(c) by the Registrar or any other person authorised by him in this behalf, in the manner provided under sub-section (1).\n[70A. Execution of non-monetary orders etc..\n[71. Recovery of debts.",
"footnote": "",
"is_definition": false,
"sort_order": 77
},
{
"number": "72",
"title": "72. Registrar or person authorised by him to be a Civil Court for certain purposes.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 78
},
{
"number": "73",
"title": "73. Attachment of property before decision or order.",
"chapter": null,
"content": "(a) is about to dispose of the whole or any part of his property; or\n(b) is about to remove the whole or any part of his property from the jurisdiction of the Registrar, the arbitrator or liquidator, as the case may be,",
"footnote": "",
"is_definition": false,
"sort_order": 79
},
{
"number": "74",
"title": "74. Recovery of amounts due to Government.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 80
},
{
"number": "82",
"title": "CHAPTER XI",
"chapter": "CHAPTER XI",
"content": "Appeal, Revision and Review\n[75. Constitution of Co-operative Tribunal.\n[76. Appeal.",
"footnote": "",
"is_definition": false,
"sort_order": 81
},
{
"number": "77",
"title": "77. Revision.",
"chapter": null,
"content": "Explanation:",
"footnote": "",
"is_definition": false,
"sort_order": 82
},
{
"number": "78",
"title": "78. Review.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 83
},
{
"number": "85",
"title": "CHAPTER XII",
"chapter": "CHAPTER XII",
"content": "Offences and Penalties",
"footnote": "",
"is_definition": false,
"sort_order": 84
},
{
"number": "35",
"title": "79. Punishment for furnishing false return or information, disobeying summons or other lawful order, requisition, or direction, or for acting in contravention of Section 35 or Section 36 or for failure to produce books etc..",
"chapter": null,
"content": "(a) the committee, an officer, employee or any member of the society wilfully makes a false return or furnishes false information, on a lawful order or direction issued under the provisions of this Act ;\n[(aa) the committee, an officer, employee or any member of the society furnishes false information to gain admission or to continue as member of a society or to get elected to the managing committee or as an officer of the society or to continue as member of the Managing Committee or as an officer of the society]\n(b) any person wilfully or without any reasonable cause disobeys any summons, requisition or other lawful order or direction issued under this Act ;\n(c) any person wilfully withholds or fails to furnish any information lawfully required from him by a person authorised in this behalf under the provisions of this Act ;\n(d) any person acts in contravention of [Section 35 or Section 36 or sub-section (2) of Section 48 or sub-section (3) of Section 83-B] .\n(e) the committee or a member thereof wilfully fails to produce books, accounts, documents, records, securities, cash and other properties belonging to or in the custody of the society ;\n[(f) an officer, or an employee of the society including the paid Secretary dishonestly or fraudulently mis-appropriates or otherwise converts for his own use or intentionally causes loss to the property of the society entrusted to him or under his control as such officer or employee or allows any other person so to do ;\n(g) an officer, or an employee of 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\n(h) any officer or employee abets any offence punishable under this Act whether or not that offence is committed in consequence of that abetment.]\n(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 ;\n(ii) Clause (g), shall be punishable with imprisonment for a term which may extend to five years ; and\n(iii) Clause (h), shall be punishable with imprisonment for a term which shall not less than six months but which may extend to five years.]\n[79A. Punishment for corrupt practices.\n(a) commits any irregularity in receipt or sanction of loans or in purchases or causes, deficit in stocks; or\n(b) accepts or obtains or agrees to accept or attempts to obtain from any person for himself or for any other person, any gratification whatever, other than legal remuneration as a motive or reward for doing or forbearing to do any official act or showing or forbearing to show, in the exercise of his official functions or duties favour or disfavour to any person or rendering or attempting to render any service or dis-service to any person; or\n(c) uses or allows the use of funds of the society otherwise than in accordance with the provisions of this Act, rules or the bye-laws of the society; or\n(d) signs in the minutes books of committee meetings of the society without actually attending such meetings; or\n(e) passes a meeting without proper quorum as valid, he shall be deemed to be guilty of a corrupt practice in relation to the society.\nExplanation:\n(i) 'irregularity in receipt or sanction of loan' includes,-\n(i) receipt of loan by or sanction of loan to any person who does not own or cultivate a land or the extent of land shown in the application for loan, where owning or cultivating land is a condition precedent for the sanction of loan; and\n(ii) fictitious loan;\n(ii) irregularity in purchases' includes purchases, made with the intention to gain wrongfully, of,\n(i) sub-standard or adulterated goods;\n(ii) goods by paying higher price;\n(iii) goods in excess of requirement.",
"footnote": "",
"is_definition": false,
"sort_order": 85
},
{
"number": "80",
"title": "80. Prohibition of the use of the word 'co-operative' or its equivalent.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 86
},
{
"number": "81",
"title": "81. Punishment for failure to give effect to decision or order.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 87
},
{
"number": "82",
"title": "82. Punishment for offences not otherwise provided for.",
"chapter": null,
"content": "[83. Cognizance of offences.\n83A.",
"footnote": "",
"is_definition": false,
"sort_order": 88
},
{
"number": "83B",
"title": "83B. Presumption as to commission of offences in certain cases.",
"chapter": null,
"content": "(a) who draws the amounts from the financing institutions and fails to properly disburse or account for it, has misappropriated the amounts ;\n(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 ;\n(c) who makes any false entries or manipulates or alters the account books of the society, has wilfully committed the said act in order to cause loss or damage to the society ;\n(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;\n(e) who executes any documents or enters into an agreement for sale or purchase of the land plots in contravention of the provisions of the registered bye-laws of the society, has done so for his personal benefit and in order to cause loss to the members of the society.",
"footnote": "",
"is_definition": false,
"sort_order": 89
},
{
"number": "83C",
"title": "83C. Presumption as to statements.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 90
},
{
"number": "92",
"title": "CHAPTER XIII",
"chapter": "CHAPTER XIII",
"content": "[Financing Banks/Primary Agricultural Co-Operative Societies]",
"footnote": "",
"is_definition": false,
"sort_order": 91
},
{
"number": "84",
"title": "84. Definitions.",
"chapter": null,
"content": "(a) 'Board' means the Board of directors of [The Andhra Pradesh State Co-operative Bank Limited] ; [and includes a financing bank or any person authorised by it] .\n(b) [X X X] .\n(c) [Financing Bank/Primary Agricultural Co-operative Society] means a co-operative society registered as such or deemed to be registered under this Act, (Act XLIV of 1961). [x x x] .\n(d) 'Trustee' means the Trustee referred to in Section 86.",
"footnote": "",
"is_definition": true,
"sort_order": 92
},
{
"number": "85",
"title": "85. Application of chapter to [Financing Bank/Primary Agricultural Co-operative Society] .",
"chapter": null,
"content": "(i) land improvement and productive purposes ;\n(ii) the erection, rebuilding or repairing of houses for agricultural purposes ;\n(iii) the purchase or acquisition of title to agricultural lands by tenants ; or\n(iv) the liquidation of debts of agriculturists under the relevant law for the time being in force ;\n[(v) the acquisition, construction, rebuilding or repairing of rural dwelling houses.]\nExplanation:\n(a) construction and repair of wells (including the tube wells), tanks and other works for the storages, supply or distribution of water for the purpose of agriculture, or for the use of men and cattle employed in agriculture ;\n(b) renewal or reconstruction of any of the foregoing works, or alterations therein, or additions thereto ;\n(c) preparation of land for irrigation ;\n(d) drainage, reclamation from rivers or other waters, or protection from floods or from erosion or other damage by water, of land used for agricultural purposes ; or waste land which is cultivable;\n(e) bunding and similar improvements ;\n(f) reclamation, clearance and enclosure or permanent improvement of land for agricultural purposes ;\n(g) horticulture ;\n(h) purchase of oil-engines, pumping sets and electrical motors for any of the purposes mentioned herein ;\n(i) purchase of tractors or other agricultural machinery ;\n(j) increase of the productive capacity of land by addition to it of special variety of soil ;\n(k) construction of permanent farm houses, cattle sheds, and sheds for processing of agricultural produce at any stage ;\n(l) purchase of machinery for crushing sugarcane, manufacturing gur or khandasari or sugar ;\n(m) such other purposes as the Government may specify from time to time, by notification in the Andhra Pradesh Gazette.",
"footnote": "",
"is_definition": false,
"sort_order": 93
},
{
"number": "86",
"title": "86. Appointment of Trustee and his Powers and functions.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 94
},
{
"number": "87",
"title": "87. Trustee to be a corporation sole.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 95
},
{
"number": "88",
"title": "88. Issue of debentures by the Board.",
"chapter": null,
"content": "(a) the amounts due on the mortgages and the value of the other assets transferred or deemed to have been transferred under the provisions of Section 94 to the [Andhra Pradesh State Co-operative Bank Limited] and subsisting at such time ;\n(b) the accumulations in the sinking funds ;\n(c) the cash on hand and balances with banks and the body value or market value of securities under general funds, whichever is less.",
"footnote": "",
"is_definition": false,
"sort_order": 96
},
{
"number": "89",
"title": "89. Charges of debenture-holders on certain properties.",
"chapter": null,
"content": "(a) all such mortgages and assets as are referred to in Clause (a) of sub-section (3) of Section 88 ;\n(b)b the amount paid under such mortgages and remaining in the hands of the Board or of the Trustee ; and\n(c) the other properties of the [Andhra Pradesh State Co-operative Bank Limited.]",
"footnote": "",
"is_definition": false,
"sort_order": 97
},
{
"number": "90",
"title": "90. Guarantee by Government of principal of, and interest on, debentures.",
"chapter": null,
"content": "(a) by notification in the Andhra Pradesh Gazette ; and\n(b) by notice of not less than fourteen days in such of the important news papers in the State and of other States in India as a Government may select in this behalf,",
"footnote": "",
"is_definition": false,
"sort_order": 98
},
{
"number": "91",
"title": "91. Other guarantee by Government.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 99
},
{
"number": "92",
"title": "92. Priority mortgage over certain claims.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 100
},
{
"number": "93",
"title": "93. Right of [Financing Bank/Primary Agricultural Co-operative Society] or of the [Andhra Pradesh State Co-operative Bank Limited] to purchase mortgaged property.",
"chapter": null,
"content": "94. [Mortgages created in favour of] [Financing Bank/Primary Agricultural Co-operative Society] to stand vested in [Andhra Pradesh State Co-operative Bank Limited] .",
"footnote": "",
"is_definition": false,
"sort_order": 101
},
{
"number": "95",
"title": "95. Power of [Financing Bank/Primary Agricultural Co-operative Society] to receive moneys and grant discharges.",
"chapter": null,
"content": "(a) all money due under the mortgage shall, in the absence of any specific direction to the contrary issued by the Board or/Trustee and communicated to the mortgagor, be payable to the [Financing Bank/Primary Agricultural Co-operative Society] and such payment shall be as valid as if the mortgage has not been so transferred ; and\n(b) the [Financing Bank/Primary Agricultural Co-operative Society] shall, in the absence of any specific direction to the contrary issued the Board of Trustees and communicated to the [Financing Bank/Primary Agricultural Co-operative Society] be entitled to sue on the mortgage or take any other proceeding for the recovery of the moneys due under the mortgage.",
"footnote": "",
"is_definition": false,
"sort_order": 102
},
{
"number": "96",
"title": "96. Right of 96. Right of [Financing Bank/Primary Agricultural Co-operative Society] to pay prior debts of mortgagor: [Financing Bank/Primary Agricultural Co-operative Society] to pay prior debts of mortgagor.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 103
},
{
"number": "97",
"title": "97. Power of [Financing Bank/Primary Agricultural Co-operative Society] to advance loans and to hold lands.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 104
},
{
"number": "98",
"title": "98. Mode of dealing with applications for loans.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 105
},
{
"number": "99",
"title": "99. Order granting loan conclusive of certain matters.",
"chapter": null,
"content": "(a) that the work described or the purpose for which the loan is granted, is an improvement or productive purpose, as the case may be, within the meaning of Section 85 ;\n(b) that the person had at the date of the order a right to make such an improvement, or incur expenditure for productive purpose as the case may be ; and\n(c) that the improvement is one benefitting the land specified and productive purpose concerns the land offered as security, or an any part thereof as may be relevant.",
"footnote": "",
"is_definition": false,
"sort_order": 106
},
{
"number": "100",
"title": "100. Recovery of loans by [Financing Bank/Primary Agricultural Co-operative Society] .",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 107
},
{
"number": "101",
"title": "101. Recovery of loans on certificate by Registrar.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 108
},
{
"number": "102",
"title": "102. Collector to make recoveries during a certain period.",
"chapter": null,
"content": "(a) from the borrower -as if they were arrears of land revenue due by him ;\n(b) out of the land for the benefit of which the loan has been granted-as if they were arrears of land revenue due in respect of that land ;\n(c) from a surety, if any, as if they were arrears of land revenue due by him ;\n(d) out of the property comprised in the collateral security, if any according to the procedure for the realisation of land revenue by the sale of immovable property other than the land on which the revenue is due.",
"footnote": "",
"is_definition": false,
"sort_order": 109
},
{
"number": "103",
"title": "103. Distraint and sale.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 110
},
{
"number": "104",
"title": "104. Power of sale when to be exercised.",
"chapter": null,
"content": "(a) the Board has previously authorised the exercise of the powers conferred by sub-section (1) after considering the representations, if any, of the mortgagor ;\n(b) registered notice requiring payment of such mortgage money or part has been served upon\n(i) the mortgagor ;\n(ii) any person who has any interest in or charge upon the property mortgaged or in or upon the right to redeem the same ;\n(iii) any surety for the payment of mortgage debt or any part thereof ; and\n(iv) any creditor of the mortgagor who has in a suit for the administration of his estate obtained a decree for sale of the mortgaged property ; and\n(c) default has been made in payment of such mortgage money due for three months after such service.",
"footnote": "",
"is_definition": false,
"sort_order": 111
},
{
"number": "105",
"title": "105. Powers of [Financing Bank/Primary Agricultural Co-operative Society] where mortgaged property is destroyed or security becomes insufficient.",
"chapter": null,
"content": "Explanation:",
"footnote": "",
"is_definition": false,
"sort_order": 112
},
{
"number": "106",
"title": "106. Power of Board or Trustee to distraint and sell all property, etc..",
"chapter": null,
"content": "(b) Where such action is taken by the Trustee the provisions of this Chapter and of any rules and regulations made in this behalf shall apply as if all references to the [Financing Bank/Primary Agricultural Co-operative Society] or to its committee in the said provisions were references to the Trustee.",
"footnote": "",
"is_definition": false,
"sort_order": 113
},
{
"number": "107",
"title": "107. Title of purchaser not to be questioned on ground of irregularity, etc.",
"chapter": null,
"content": "(a) the circumstances required for authorising the sale had not arisen, or\n(b) due notice of the sale was not given, or\n(c) the power of sale was otherwise improperly or irregularly exercised ; but any person who has suffered any damage by an unauthorised, improper or irregular exercise of any such power is entitled to have a remedy in damages against the [Financing Bank/Primary Agricultural Co-operative Society] .",
"footnote": "",
"is_definition": false,
"sort_order": 114
},
{
"number": "108",
"title": "108. Mortgage not to be questioned on insolvency of mortgagor.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 115
},
{
"number": "109",
"title": "109. Appointment of receiver and his powers.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 116
},
{
"number": "110",
"title": "110. Mortgagor's power to lease.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 117
},
{
"number": "111",
"title": "111. Registration of documents executed on behalf of [Financing Bank/Primary Agricultural Co-operative Society] or of the [Andhra Pradesh State Co-operative Bank Limited] .",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 118
},
{
"number": "112",
"title": "112. Delegation of certain powers by Board.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 119
},
{
"number": "113",
"title": "113. Sections 102, 103 and 104 of the Transfer of Property Act, 1882, to apply to notices under this Chapter.",
"chapter": null,
"content": "114. [Mortgages created] by manager of Joint Hindu Family.\n114A.\n114B.",
"footnote": "",
"is_definition": false,
"sort_order": 120
},
{
"number": "115",
"title": "115. Power of the Board to supervise and make regulation.",
"chapter": null,
"content": "[CHAPTER XIII-A]\nEligible Co-operative Banks",
"footnote": "",
"is_definition": false,
"sort_order": 121
},
{
"number": "115A",
"title": "115A. Definitions.",
"chapter": null,
"content": "(a) 'The said Act' means the Deposit Insurance Corporation Act, 1961 (Central Act 47 of 1961) ;\n(b) 'eligible Co-operative Bank' means a co-operative bank as defined in clause (gg) of Section 2 of the said Act ;\n(c) 'Corporation' means the Deposit Insurance Corporation established under Section 3 of the said Act ;\n(d) 'Reserve Bank' means the Reserve Bank of India constituted under the Reserve Bank of India Act, 1934 (Central Act 2 of 1934) ;\n(e) all other expressions used in this Chapter but not defined shall have the meaning respectively assigned to them in the said Act.",
"footnote": "",
"is_definition": true,
"sort_order": 122
},
{
"number": "115B",
"title": "115B. Special provisions applicable to eligible Co-operative Banks.",
"chapter": null,
"content": "(i) an order for the winding up, or an order sanctioning a scheme of compromise or arrangement or of amalgamation or reconstruction, of the bank may be made under the provisions of this Act only with the previous sanction in writing of the Reserve Bank ;\n(ii) an order of the winding up of the bank shall be made under the provisions of this Act, if so required by the Reserve Bank in the circumstances referred to in Section 13-D of the said Act ;\n(iii) if so required by the Reserve Bank in the public interest or for preventing the affairs of the bank being conducted in a manner detrimental to the interests of the depositors or for securing the\n(iv) an order for the winding up of the bank or an order sanctioning a scheme of compromise or arrangement or of amalgamation or reconstruction or an order for the supersession of the committee of management or other managing body (by whatever name called) of the bank and the appointment of a special officer therefor made with the previous sanction in writing or on the requisition of the Reserve Bank shall not be liable to be called in question in any manner ; and\n(v) the liquidator or the insured bank or the transferee bank, as the. case may be, shall be under an obligation to repay the corporation in the circumstances to the extent and in the manner. referred to in Section 21 of the Act.\n[CHAPTER XIII-B]\nSpecial Provisions Applicable to Co-operative Credit Societies Identified Under Revival Package\n115C.\nDefinitions\n(a) 'Co-operative Credit Society' means the Andhra Pradesh State Co-operative Bank (APCOB), the District Cooperative Central Bank (DCCB) and the Primary Agricultural Co-operative Credit Society (PACS). A Primary Agricultural Co-operative Credit Society includes Farmers Service Co-operative Society (FSCS), Co-operative Rural Bank (CRD), Large Sized Co-operative Society (LSCS) or any other Co-operative Credit Society primarily dealing with agricultural credit at primary level included under the Revival Package and other similar relief measures offered by the Government of India from time to time.\n(b ) \"NABARD\" means the National Bank for Agriculture and Rural Development established under the National Bank for Agriculture and Rural Development Act, 1981 (Central Act 61 of 1981).\n(c) \"Scheduled Area\" means such areas as the President may by order declare to be Scheduled Area (under Fifth Schedule to Article 244(1) of the Constitution of India).\n(d) All other expression used in this Chapter but not defined shall have the same meaning respectively assigned to them in Section 2 of the Act, and the rules made thereunder.\n115D.\nSpecial provisions applicable to Co-operative Credit Societies\n(b) A group borrower, which is an associate member and availed a minimum loan of Rs. 10,000/- (Rupees ten thousand only) or higher amount of loan as may be prescribed for at least 6 (six) months preceding the date of notification of elections in a Primary Agricultural Co-operative Credit Society shall have full voting rights.\n(c) Every group borrower or a group depositor which is an associate member as described under Section 20 shall be entitled to vote through one delegate nominated by the group.\n(i) Interest rates on deposits and loans,\n(ii)Borrowing and investments,\n(iii) Loan policies and individual loan decisions\n(iv) Personnel policy, staffing, recruitment, posting, and compensation to staff, and\n(v) Internal control systems, appointment of Auditors and compensation for the audit.\n(b) There shall be only on Government nominee on the Managing Committee of the Andhra Pradesh State Co-operative Bank/District Co-operative Central Bank as long as the equity of Government continues and there shall be no Government nominee on the Managing Committee of a Primary Agricultural Co-operative Credit Society:\n(II) A Co-operative Society registered under the Andhra Pradesh Mutually Aided Co-operative Societies Act, 1995 and intending to convert itself into a Co-operative Society under this Act may do so following the procedure given below:-\n(a) It shall frame bye-laws in accordance with the provisions of this Act.\n(b) An application for registration shall be submitted to the Registrar by hand or registered post.\n(c) Every such application shall be accompanied by,-\n(i) the original and one copy of the bye-laws of the proposed Co-operative Society as adopted by the General Body of the Co-operative Society Registered under the Andhra Pradesh Mutually Aided Co-operative Societies Act, 1995 which intends to convert itself into a Co-operative Society under this Act.\n(ii) a true copy of the minutes of the General Body Meeting at which the proposed bye-laws were adopted, attested by a majority of the members of the Committee of the Co-operative Society concerned; and\n(iii) registration fee amounting to one per cent of the total authorized share capital by whatever name called subject to a minimum of Rs. 1,000/- (Rupees one thousand only) and a maximum of Rs. 10,000/- (Rupees ten thousand only).\n(III) The Registrar, shall, if he is satisfied that;-\n(a) the application is in conformity with the requirements of the Act;\n(b) the proposed bye-laws are not contrary to the provisions of the Act; and\n(c) the name of the proposed Co-operative Society is not the same as that of a Co-operative Society already registered under the Act, register the Co-operative Society and also its bye-laws and communicate by registered post a certificate of registration and the original of the registered bye-laws signed and sealed by him within a period of thirty days from the date of receipt of application from the applicant society.\n(d) upon such registration, the registration made under the Andhra Pradesh Mutually Aided Co-operative Societies Act, 1995, shall stand cancelled.\n(IV) If the Registrar is satisfied that the requirements laid down in clause (III) are not fulfilled, he shall communicate by registered post, the order of refusal together with the reasons therefore, within thirty days from the date of receipt of application to the applicant society:\n(b) A member of a Managing Committee representing a society other than PACS on the Managing Committee of APCOB/DCCB shall be disqualified by the Registrar in the event of such society committing a default for a period exceeding 90 (ninety) days on intimation of such default by the Chief Executive of the bank concerned.\n(b) The supersession of the Managing Committee of a PACS under Section 34 of the Act shall be done only on the following grounds:-\n(i) if a society incurs losses for three consecutive years, or\n(ii) if serious financial irregularities or frauds have been identified, or\n(iii) if there are judicial directives to this effect, or\n(iv) f there is lack of quorum for three consecutive meetings, or\n(v) if there is a failure in getting the audit conducted as per the Act, or\n(vi) if there is a failure in conducting general body meeting as per the Act, or\n(vii) if there is wilful disobedience or failure to comply with any lawful direction/ guidelines issued by the Registrar.\n(b) A member of the Managing Committee of a PACS which has been superseded due to a reason mentioned in clause (15)(b)(i) and (ii) above shall not be entitled to contest again for a period of five years after supersession.",
"footnote": "",
"is_definition": false,
"sort_order": 123
},
{
"number": "125",
"title": "CHAPTER XIV",
"chapter": "CHAPTER XIV",
"content": "Miscellaneous",
"footnote": "",
"is_definition": false,
"sort_order": 124
},
{
"number": "116",
"title": "116. Powers of Registrar to appoint supervisory staff.",
"chapter": null,
"content": "[116A.\n(a)\n(i) General Managers of Co-operative Central Banks and Deputy General Managers of Apex Bank,\n(ii) Deputy Managers of Co-operative Central Banks and Assistant General Managers of Andhra Pradesh State Co-operative Bank.\n(b) Andhra Pradesh Co-operative Dairy Development Federation: -\n(b)\n(i(i) Executive Director, Director (Operation), Director (Planning and Development), Director (Civil), Director (Finance and Accounts) :\n(ii) General Manager, Joint Director, Chief Quality Control Officer, Research Officer, Chief Dairy Economist ;\n(iii) Deputy Director, Cost Accounts Officer, Senior Accounts Officer, Senior Dairy Engineer, Executive Engineer (Civil), Plant Manager, Production Manager, Deputy Director (Stores) ; Deputy Director (Public Relations);\n(iv) Assistant Director, Accounts Officer, Personnel Manager, Manager Grade-I, Dairy Manager, Deputy Material Manager, Dairy Economist, Works Manager;\n(v) Manager Grade-II, Assistant Dairy Manager, Assistant Office Manager, Junior Engineers (Mechanical), (Civil and Electrical), Assistant Accounts Officer ;\n(c) Spinning Mills: -\n(c)\n(i) Managing Director, Mill Manager ;\n(ii) Spinning Master ;\n(iii) Deputy Spinning Master ;\n(iv) Assistant Spinning Master ;\n(v) Supervisor ;\n(vi) Electrical Engineer ;\n(vii) Electrical Supervisor ;\n(viii) Chief Accounts Officer and Accountant.\n(d) Sugar Factories: -\n(d)\n(i) Chief Engineer ;\n(ii) Chief Chemist ;\n(iii) Chief Agricultural Officer ;\n(iv) Chief Accounts Officer ;\n(v) Administrative Officer ;\n(vi) Labour Welfare Officer.",
"footnote": "",
"is_definition": false,
"sort_order": 125
},
{
"number": "116AA",
"title": "116AA. Abolition of Centralised services for certain categories of employees.",
"chapter": null,
"content": "[116B. Power of Government to give directions to societies, etc.\n(a) for the reservation of appointments or posts under any such society in any cadre created under the said Section in favour of, or\n(b) for the grant of any special concessions in the matter of appointment to any such posts or cadre to, the Scheduled Castes, the Scheduled Tribes and the Backward Classes and the society or the appointment committee shall be bound to comply with such directions and to give effect to any provisions so made.\nExplanation\n(a) \"Scheduled Castes\" means castes, races or tribes or parts or groups within castes, races or tribes which are specified by the President of India by a public notification under Clause (1) of Article 341 of the Constitution;\n(b) \"Scheduled Tribes\" , means tribes or tribal communities or parts or groups within tribes or tribal communities which are specified by the President of India by a public notification under Clause (1) of Article 342 of the Constitution ;\n(c) \"Backward Classes\" means such groups of citizens which are classified by the Government as socially and educationally backward classes of citizens.]\n[116C. Staffing pattern of societies\n117. [Delivery of possession of records and properties of a society] .",
"footnote": "",
"is_definition": false,
"sort_order": 126
},
{
"number": "118",
"title": "118. Address of society.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 127
},
{
"number": "119",
"title": "119. Copy of Act, Rules, Bye-laws, etc. to be open to inspection.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 128
},
{
"number": "120",
"title": "120. Power to summon witnesses and requisition documents.",
"chapter": null,
"content": "(a) summoning and enforcing the attendance of any person and examining him on oath or affirmation ;\n(b) compelling the production of any book, account, record or other document, cash, security or other property ;\n(c) issuing a commission for the examination of any witness :\n(d) receiving evidence on an affidavit.",
"footnote": "",
"is_definition": false,
"sort_order": 129
},
{
"number": "121",
"title": "121. Bar of jurisdiction of Court.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 130
},
{
"number": "122",
"title": "122. Power to exempt societies from conditions of Registration.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 131
},
{
"number": "123",
"title": "123. Power to exempt class of societies.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 132
},
{
"number": "124",
"title": "124. Register of members.",
"chapter": null,
"content": "(a) the date on which the name of any person was entered in such register or list as a member ;\n(b) the date on which any such person ceased to be a member.",
"footnote": "",
"is_definition": false,
"sort_order": 133
},
{
"number": "125",
"title": "125. Proof of entries in society's books.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 134
},
{
"number": "126",
"title": "126. Notice necessary in suits.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 135
},
{
"number": "127",
"title": "127. Acts of societies not to be invalidated by certain defects.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 136
},
{
"number": "128",
"title": "128. Protection of acts done in good faith.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 137
},
{
"number": "129",
"title": "129. Certain Acts not to apply.",
"chapter": null,
"content": "[129A. Officers and employees to be public servants.",
"footnote": "",
"is_definition": false,
"sort_order": 138
},
{
"number": "130",
"title": "130. Power to make rules.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 139
},
{
"number": "131",
"title": "131. Power of Government to give directions.",
"chapter": null,
"content": "131A.",
"footnote": "",
"is_definition": false,
"sort_order": 140
},
{
"number": "132",
"title": "132. Repeal and savings.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 141
},
{
"number": "133",
"title": "133. Act to override other laws.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 142
},
{
"number": "134",
"title": "134. Power to remove difficulties.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 143
}
],
"metadata": {
"Act ID": "Last Updated 21st October, 2019 [ap148]",
"Act Number": "(Act No. 7 of 1964)",
"Enactment Date": "",
"Act Year": "1964",
"Short Title": "Andhra Pradesh Co-Operative Societies Act, 1964",
"Type": "STATE",
"Location": "Andhra Pradesh"
},
"updated_at": "2026-09-29 21:55:18"
}