Andhra Pradesh Mutually Aided Co-Operative Societies Act, 1995

{
    "id": 14640,
    "slug": "andhra-pradesh-mutually-aided-co-operative-societies-act-1995",
    "title": "Andhra Pradesh Mutually Aided Co-Operative Societies Act, 1995",
    "short_title": "Andhra Pradesh Mutually Aided Co-Operative Societies Act, 1995",
    "act_number": "(Act No. 30 of 1995)",
    "act_year": 1995,
    "act_type": "STATE",
    "location": "Andhra Pradesh",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Andhra Pradesh Mutually Aided Co-Operative Societies Act, 1995",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement",
            "chapter": null,
            "content": "Object & Reasons 6\nStatement Of Objects And Reasons\n(1) to enunciate the co-operative principles which primarily place an accent on voluntary, self-financing, autonomous bodies for removal from State control ;\n(2) to enable not less than ten individuals belonging to different families to form a Co-operative Society and confer on it the status a body corporate ;\n(3) to enable the Co-operative Societies to regulate their functioning by framing bye-laws subject to the provisions of the Act in respect of the various matters specified in the legislation ;\n(4) to enable the Co-operative Societies to change the form or the extent of their liability, to transfer their assets and liabilities, to divide or amalgamate in furtherance of their stated objectives ;\n(5) to enable the societies registered under the Andhra Pradesh Co-operative Societies Act, 1964 to become Co-operative Societies registered under this Act by making a suitable provision therefore ;\n(6) to enable the Co-operative Societies to mobilise their own funds;\n(7) to empower the Co-operative Societies to provide for the qualifications and disqualifications for membership ;\n(8) to provide for the constitution, powers and functions of the Board of Directors and for matters incidental thereto ;\n(9) to define the powers and functions of the General Body etc. ;\n(10) to make the Co-operative Societies responsible to hold the elections and to regulate the process thereof ;\n(11) to provide for proper accountability and for that purpose to conduct audit, special audit, inquiry and for the recovery of loss caused to the society by misconduct or otherwise ;\n(12) to provide for the settlement of disputes by constituting a Co-operative Tribunal ; and\n(13) for other incidental and consequential matters.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions",
            "chapter": null,
            "content": "(a) \"Board\" means the Board of Directors of a Co-operative Society ;\n(b) \"Bye-laws\" means the bye-laws of a Co-operative Society as originally framed or as altered from time to time in pursuance of this Act\n(c) \"Co-operative principles\" means the Co-operative principles specified in Section 3 ;\n(d) \"Co-operative Society\" means a Mutually Aided Co-operative Society registered under Section 4 whose bye-laws prohibit it from raising share capital from the Government, a Co-operative Society registered [under the provisions] of the Andhra Pradesh Co-operative Societies Act, 1964, if it amends its bye-laws where necessary to reconstitute its capital base and in respect of other relevant aspects to be in accordance with this Act, and returns to the Government its share capital, if any, and either enters into a Memorandum of Understanding with the Government for any outstanding loans due to, or guarantees given by the Government or returns to the Government of such assistance and further gets itself registered under Section 4 as a Co-operative Society under this Act; [but does not include the Milk/Dairy Co-operative Societies.]\n(e) \"Co-operative Society with limited liability\" means a Co-operative Society in which the liability of its members for the debts of the Co-operative Society in the event of its being wound up, is limited by its bye-laws to such amount as they may undertake to contribute to the assets of the co-operative;\n(f) \"Co-operative Society with unlimited liability\" means a Co-operative 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 Co-operative Society;\n(g) \"Co-operative Tribunal\" means the Tribunal or Tribunals constituted under section 32 ;\n(h) \"Deficit\" means the net excess of expenditure over income ;\n(i) \"Delegate\" means a member nominated by a Co-operative Society to represent its interests in a federation ;\n(j) \"Director\" means a director of the Board of directors ;\n(k) \"Federation\" means a Mutually Aided Co-operative Society registered under section 4 whose members are Mutually Aided Co-operative Societies;\n(l) \"Financial year\" in relation to a Co-operative Society means the twelve month accounting period as provided for in the bye-laws ;\n(m) \"General body\" in relation to a Co-operative Society means all the members of the Co-operative society and includes a representative general body of the Co-operative Society referred to Section 20;\n(n) \"General meeting\" means a meeting of the general body of a Co-operative Society ;\n(o) \"Government\" means the State Government of Andhra Pradesh;\n(p) \"Member\" means a member of a Co-operative Society ;\n(q) \"Office-bearer\" means an individual elected by the general body or the board of the Co-operative Society to any office of such Co-operative Society in accordance with its bye-laws ;\n(r) \"Registrar\" means the Registrar of Mutually Aided Co-operative Societies appointed under Section 4 of this Act, and includes any other person on whom all or any of the powers of the Registrar under this Act are conferred;\n(s) \"Surplus\" means the net excess of income over the expenditure;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Co-operative principles and bye-laws",
            "chapter": null,
            "content": "(a) membership of a Co-operative Society shall be voluntary and available without restriction of any social, political, racial or religious discrimination, to all persons who can make use of its services and are willing to accept the responsibilities of membership ;\n(b) Co-operative Societies are democratic organisations; their affairs shall be administered by persons elected or appointed in a manner agreed by the members and accountable to them. Members of primary Co-operative Societies shall enjoy equal rights of voting (one member one vote) and participation in decisions affecting their Co-operative Societies. In other than primary Co¬operative Societies, the administration shall be conducted on a democratic basis in a suitable form;\n(c) share capital shall only receive a strictly limited rate of interest, if any;\n(d) the economic results, arising out of the operations of a Co-operative Society belong to the members of that Co-operative Society and shall be distributed in such a manner as would avoid one member gaining at the expense of others, which shall be achieved ;\n(i) by provision for development of the business of the Co-operative Society ;\n(ii) by provision of common services ; or\n(iii) by distribution among the members in proportion to their transactions with the Co-operative Society ;\n(e) all Co-operative Societies shall make provision for the education of their members, office-bearers and employees and of the general public, in the principles and techniques of co-operation, both economic and democratic ;\n(f) all Co-operative Societies, in order to best serve the interest of their members and their communities, shall actively co-operate in every practical way with other co-operatives at local, national and international levels having as their aim the achievement of unity of action by co-operators throughout the world.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Registration",
            "chapter": null,
            "content": "(a) the original and one copy of the bye-laws of the proposed Co-operative Society as adopted by the individuals or delegates of Co-operative Societies who wish to form into a Co-operative Society under this Act or by the general body of a Society registered under the Andhra Pradesh Co-operative Societies Act, 1964 which wishes to convert itself into a Co-operative Society under this Act ;\n(b) a list of names of individuals or co-operatives who wish to form into a Co-operative Society under this Act or of the members of the committee of the society registered under the Andhra Pradesh Co-operative Societies Act, 1964 which intends to convert itself into a Co-operative Society under this Act with their addresses, occupations and their financial commitments to the proposed Co-operative Society;\n(c) a true copy of the minutes of the meeting at which the bye-laws were adopted, duly signed by atleast a majority of individuals or delegates present at the meeting where the bye-laws were adopted, or by a majority of the members of the committee of the co-operatives concerned where a society registered under the Andhra Pradesh Co-operative Societies Act, 1964 intends to convert itself into Co-operative Society under this Act ;\n(d) registration fee amounting to one per cent of the total authorised share capital by whatever name called subject to a minimum of one hundred rupees and a maximum of ten thousand rupees ; and\n(e) in the case of a society registered under Section 7 of the Andhra Pradesh Co-operative Societies Act, 1964 and wishing to convert itself into a Co-operative Society under this Act, evidence to show that the Society is not in possession of any share capital from Government, and evidence also to show that the Society is not in receipt of any Government loans or guarantees at the time of applying for registration as a Co-operative Society under this\n(a) the application is in conformity with the requirements of this Act;\n(b) the proposed bye-laws are not contrary to the provisions of this 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 this section, or the same as that used by a class of societies already registered under Section 7 of the Andhra Pradesh Co-operative Societies Act, 1964, 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 sixty days from the date of submission of application, to the Chief Promoter mentioned in the application.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Registration Certificate",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Society to be a body corporate",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Registration with limited or unlimited liability",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Display of name",
            "chapter": null,
            "content": "(a) at every office or place at which it carries on business ;\n(b) in all notices and other official publications ;\n(c) on all its contracts, business letters, orders for goods, invoices, statements of account, receipts and letters of credit ; and\n(d) on all bills of exchange, promissory notes, endorsements, cheques and orders for money it signs or that are signed on its behalf.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Bye-laws",
            "chapter": null,
            "content": "(i) the name and address of the Co-operative Society ;\n(ii) the object of the Co-operative Society explicitly stated as a common central need of the members which the Co-operative Society aims at fulfilling ;\n(iii) eligibility, ineligibility and procedure for obtaining and retaining membership ;\n(iv) procedure for withdrawal, cessation and termination of membership;\n(v) the services that it intends to give its members ;\n(vi) fixation of minimum performance expected annually of each member vis-a-vis use of services, financial commitment and participation in meetings, in order to be eligible to exercise the rights of membership including the right to vote ;\n(vii) the consequences of performing below the minimum level fixed ;\n(viii) the consequences of default in payment of any sum due by a member ;\n(ix) rights of members ;\n(x) the nature and extent of the liability of the members for the debts contracted by the Co-operative Society ;\n(xi) the manner of making or amending bye-laws ;\n(xii) the powers and functions of the general body, and the powers and functions and the manner of constitution representative general body, if any, and subjects which must be dealt by with the general body, and by the representative general body, if any;\n(xiii) the manner and frequency of convening general meeting and quorum required ;\n(xiv) the manner of conducting elections and of filling casual vacancies ;\n(xv) the size and composition of the Board of Directors ;\n(xvi) the term of office of the Directors ;\n(xvii) the manner of removal of Directors ;\n(xviii) the manner and frequency of convening board meetings and quorum ;\n(xix) the powers and duties of the Board ;\n(xx) the powers and duties of the chairperson ;\n(xxi) the terms on which the Co-operative Society may deal with non-members ;\n(xxii) eligibility, ineligibility for becoming and continuing as Director ;\n(xxiii) penalties for acting against the interests of the Co-operative Society and for non-fulfilment of duties by members, office-bearers, Directors or staff ;\n(xxiv) the nature and extent of the liability of office-bearers Directors for debts contracted by the Co-operative Society ;\n(xxv) the authorisation of an officer or officers to sign documents and to institute and defend suits and other legal proceedings on behalf of the Co-operative Society ;\n(xxvi) the manner of choosing delegates to higher tier co-operative and federations ;\n(xxvii) the rights, if any, which the Co-operative Society intends to confer on any Co-operative Society or other federation and the circumstances under which these rights may be exercised by the society or federation\n(xxviii) the nature and amount of capital, if any, of the Co-operative Society ;\n(xxix) the maximum capital which a single member can hold ;\n(xxx) the maximum interest payable to members on paid up share capital;\n(xxxi) the sources, types and extent of funds to be raised by the Co-operative Society ;\n(xxxii) the purposes for which the funds may be applied ;\n(xxxiii) the constitution of various funds and their purposes ;\n(xxxiv) the manner of appointment of auditors and their powers and functions;\n(xxxv) the manner of appointment of internal auditors and their powers and functions;\n(xxxvi) the manner of disposal of funds when the Co-operative Society is under liquidation;\n(xxxvii) the manner of dissolution of the Co-operative Society.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Amendment of bye-laws",
            "chapter": null,
            "content": "(a) the date of the meeting at which the amendment was approved ;\n(b) the total number of members on the rolls of the Co-operative Society who were eligible to vote on the date of such meeting, the number present at the meeting and the number of eligible members who voted for the resolution.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Change of liability transfer of assets and liabilities, division, amalgamation",
            "chapter": null,
            "content": "(a) decide to amend its bye-laws to change the form or the extent of its liability ;\n(b) decide to transfer its assets and liabilities, in whole or in part, to any other Co-operative Society which agrees to such transfer by a resolution of its general body ;\n(c) divide itself into two or more Co-operative Societies.\n(a)(i) the members, federations, and creditors have consented or are deemed to have consented to the resolution under sub-section (4) or, as the case may be, sub-section (5); or\n(ii) all claims of the members, federations and creditors who have exercised the option referred to under sub-section (5) within the period specified therein have been met in full or otherwise satisfied; and\n(b)(i) in the case of change of liability, amendment of the bye-laws of the Co-operative Society concerned is registered or is deemed to have been registered ; or\n(ii) in the case of division or amalgamation, certificate of registration of the Co-operative Society or Societies is issued.\n(a) when the whole of the assets and liabilities of such Co-operative Society are transferred to another Co-operative Society; or\n(b) when such Co-operative Society divides itself into two or more Co-operative Societies.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Promotion of subsidiary organisation",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Creation of new organisation with others",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Mobilisation of Funds",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Investment of funds outside the business",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Disposal of surplus",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Management of deficit",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Reserve Fund",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Eligibility for membership",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. General Body",
            "chapter": null,
            "content": "(a) amendments to bye-laws ;\n(b) election and removal of Directors ;\n(c) consideration of:-\n(d) approval of appointment and removal of auditors ;\n(e) disposal of surplus ;\n(f) management of deficit ;\n(g) creation of specific reserves and other funds ;\n(h) review of actual utilisation of reserves and others funds ;\n(i) review of the chief executive's report on the attendance at meeting by Directors and review of the business done with the Co-operative Society by the Directors ;\n(j) appointment, reconstitution and disbanding of the Representative General Body ;\n(k) remuneration payable to any Director or internal auditor in connection with his duties in that capacity or his attendance of related meetings ;\n(l) membership of the Co-operative Society in federation ;\n(m) collaboration with other organisation and its review ;\n(n) promotion of subsidiary organisations and review ; and\n(o) dissolution of the Co-operative Society ; and\n(p) all other functions expected of the General Body under the other provisions of this Act.\n21.Board of Directors\n(a) has at any time lost the right to vote as a member or to continue as one as specified in the bye-law,\n(b) incurs any other disqualification specified in the bye-laws.\n(a) absents himself from three consecutive Board meetings without leave or absence ;\n(b) absents himself from General Body Meetings out of three consecutive Board meetings without leave or absence ;\n(c) is penalised under this Act.\n(a) they did not conduct elections within the time specified in the bye-laws and before the expiry of the terms ;\n(b) they did not conduct their annual General Body Meeting within six months of closure of the co-operative accounting:year, or a requisitioned meeting of the General Body within the specified time ;\n(c) they did not place the audited accounts for the preceding financial year along with the report of the auditors before the General Body at its annual General body Meeting.\n(a) shall have been a voting member of the Co-operative Society for at least two years immediately preceeding the year of election ;\n(b) shall have attended the two General Body Meetings of the Co-operative Society held immediately preceding the elections ;\n(a) act honestly and in good faith and in the best interests of the Co-operative Society ; and\n(b) exercise such due care, diligence and skill as a reasonably prudent person would exercise in similar circumstances.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "22",
            "title": "22. Powers and functions of the Board of Directors",
            "chapter": null,
            "content": "(a) admit and terminate membership ;\n(b) elect the chairperson and other office bearers ;\n(c) remove from office the chair-person and other office bearers;\n(d) appoint and remove the chief executive ;\n(e) fix staff strength\n(f) frame policies concerning ;\n(i) organisation and provision of services to members ;\n(ii) recruitment, and conditions of service of the staff at the Co-opearative Society ;\n(iii) mode of custody and investment of funds ;\n(iv) manner of keeping accounts ;\n(v) mobilisation, utilisation and investment of various funds ;\n(vi) monitoring and management information systems including statutory returns to be filed ;\n(vii) such other subjects and matters necessary for the effective performance of the Co-operative Society ;\n(g) place the annual report, annual financial statements, annual plan and budget for the approval of the General Body ;\n(h) consider audit and compliance reports and place these before the General Body ;\n(i) review membership in other co-operatives ;\n(j) undertake such other functions as may be delegated by the General Body ;\n(a) preside at meetings of the Board and the General Body ;\n(b) have only a casting vote in the event of equality of votes on any matters being decided upon by the Board ;\n(c) exercise such other powers as may be delegated by the Board and specified in the policies framed or resolutions adopted by the Board.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "23",
            "title": "23. Elections",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "24",
            "title": "24. Meetings",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "25",
            "title": "25. Staff",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "26",
            "title": "26. Accounts and Records",
            "chapter": null,
            "content": "(a) a copy of this Act with upto date amendments incorporated ;\n(b) copies of other laws and regulations to which the Co-operative Society is subject ;\n(c) a copy of its registered bye-laws with amendments made from time to time ;\n(d) the minutes book ;\n(e) accounts of all sums of money received and expanded by the Co-operative Society and their respective purposes ;\n(f) accounts of all purchases and sales of goods by the Co-operative Society ;\n(g) accounts of all assets and liabilities of the Co-operative Society ;\n(h) a register showing member wise patronage of various services provided by the Co-operative Society ;\n(i) an 'upto date register, and a list of all members with voting rights for the current year prepared within thirty days of closure of the Co-operative Society's financial year ;\n(j) copies of the audit reports and special audit and/or inquiry report, if any, and compliance reports thereon ; and\n(k) all such other accounts, records and documents as may be required by this Act or other laws.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "27",
            "title": "27. Audit",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "28",
            "title": "28. Special Audit",
            "chapter": null,
            "content": "(a) every payment which appears to the audit to be contrary to law ;\n(b) the amount of any deficiency, waste or loss which appears to have been caused by the gross negligence or misconduct of any person in the performance of duties ;\n(c) the amount of any sum received which ought to have been accounted for, but is not brought into account by any person ; and\n(d) any material impropriety or irregularity which he may observe in the expenditure or in the recovery of money due.\n(a) the applicant-creditor ;\n(b) the Co-operative Society concerned ; and\n(c) the Co-operative Tribunal where necessary.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "29",
            "title": "29. Inquiry",
            "chapter": null,
            "content": "(a) to the Co-operative Society concerned ;\n(b) to the applicant federation if any ;\n(c) to the applicant-creditor, if any ;\n(d) to the person designated by the applicant-directors, if any;\n(e) to the person designated by the applicant-members, if any;\n(f) to any person, on payment of fee fixed by the Registrar; and\n(g) to the Co-operative Tribunal where necessary.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "30",
            "title": "30. Power to summon and examine persons and documents",
            "chapter": null,
            "content": "(a) require in writing the Chairperson or other authority concerned to produce at the head office of the Co-operative Society such receipts, vouchers, statements, returns, correspondence, notice or any other documents as he may consider necessary for the purpose of special audit or inquiry ;\n(b) require in writing:–\n(i) any employee of the Co-operative society or other authority accountable for, or having the custody or control of such receipts, vouchers, statements, returns, correspondence, notice or other documents to appear in person ; or\n(ii) any person having directly or indirectly any share or interest in any contract with the Co-operative Society to appear in person or by an authorised agent; before him at the head office of the Co-operative Society and answer any question or sign a declaration with respect thereto ;\n(c) in the event of an explanation being required from the Chairperson or any other authority concerned invite him in writing specifying the points on which his explanation is required to meet him at the head office of the Co-operative Society ; or\n(d) exercise such other powers as can be reasonably said to be necessary for the purpose of this section.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "31",
            "title": "31. Action on special audit or inquiry report",
            "chapter": null,
            "content": "(a) direct the Board to convene a General Body Meeting within such reasonable time as he may specify, to enable him to bring to the notice of the General Body, either directly or through his nominee, the findings of the special audit or inquiry report, for necessary action ; or\n(b) approach the Co-operative Tribunal for necessary action.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "32",
            "title": "32. Constitution of Tribunals",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "33",
            "title": "33. Power of the Tribunal to order recovery",
            "chapter": null,
            "content": "Explanation",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "34",
            "title": "34. Filing of returns",
            "chapter": null,
            "content": "(a) annual report of activities ;\n(b) annual audited statements of accounts with auditor's report ;\n(c) list of members as at the close of the year under reporting with services provided to each member ;\n(d) statement on the disposal of surplus or on the allocation of deficit ;\n(e) list of names of Directors, their addresses and their terms of office ; and\n(f) compliance reports relating to audit, special audit and inquiry, if any.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "35",
            "title": "35. Rights and privileges",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "36",
            "title": "36. Execution of decisions, decrees and orders",
            "chapter": null,
            "content": "[36A. Application of Chapter XIII-A of the Andhra Pradesh Co¬operative Societies Act, 1964",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "37",
            "title": "37. Settlement of disputes",
            "chapter": null,
            "content": "(a) among members, past members or persons claiming through members, past members and deceased members ; or\n(b) between a member, past member or a person claiming through a member, past member or deceased member and the Co-operative Society, its Board, Director, office-bearer or liquidator, past or present ; or\n(c) between the Co-operative Society or its Board and any past Board, Director, office bearer, or the Nominee, Heirs, or Legal Representatives of any deceased Director, deceased Officer, of the Co-operative Society; or\n(d) between the Co-operative Society and any other Co-operative Society ; or\n(e) between the promoters of a Co-operative Society and the Registrar; or a Co-operative Society and the Registrar ; or\n(f) between a Co-operative Society and liquidator of another Co-operative Society, or between the liquidators of two or more Co-operative Societies ;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "38",
            "title": "38. Offences and Penalties",
            "chapter": null,
            "content": "(a) fails to give a notice, send a return or document, or fails to do or allow to be done any act which a Co-operative Society is by this Act or under its bye-laws required to give, send, do or allow to be done ;\n(b) wilfully neglects or refuses to do an act or to furnish information required for the purposes of this Act or does an act forbidden by this Act, or the bye-laws ; or\n(c) makes a return, or wilfully furnishes information, in any respect false or insufficient.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "39",
            "title": "39. Dissolution by members:",
            "chapter": null,
            "content": "(a) the assets and liabilities of the Co-operative Society ;\n(b) the claims of creditors, and collaborators and protected shareholders;\n(c) the number of members ;\n(d) the nature and extent of the member's interest in the Co-operative Society ; and\n(e) the name of the liquidator, if appointed by the General Body, or a request to the Registrar to appoint the liquidator a request to the Registrar to issue a certificate of dissolution where there are no assets or liabilities.\n(a) the progress of dissolution ;\n(b) the distribution of any undistributed surplus or reserve ; and\n(c) any other relevant information that he may require.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        },
        {
            "number": "40",
            "title": "40. Dissolution by Tribunal",
            "chapter": null,
            "content": "(a) obtained its registration by fraud or mistake ;\n(b) is serving illegal purposes ;\n(c) has wilfully, after notice by the Registrar, violated any of the provisions of this Act or its bye-laws ;\n(d) is no longer operating in accordance with principles of co-operation and the provisions of this Act ;\n(e) has not commenced business within two years of the date of registration ; or\n(f) has not carried on business for the past two consecutive years.\n(a) Where the order is to dissolve the Co-operative Society issue a certificate of dissolution ; or\n(b) Where the order is to liquidate and dissolve the Co-operative Society under the supervision of the Registrar, publish a notice in a newspaper published or distributed in the district in which the registered office of the Co-operative Society is situated.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 38
        },
        {
            "number": "41",
            "title": "41. Appointment of liquidator",
            "chapter": null,
            "content": "(a) appoint any person as a liquidator to wind up the affairs of the Co-operative Society ; or\n(b) where he is satisfied that the Co-operative Society has no assets and liabilities, issue a certificate of dissolution.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 39
        },
        {
            "number": "42",
            "title": "42. Duties of liquidator",
            "chapter": null,
            "content": "(a) immediately give notice of his appointment :\n(i) in the case of liquidator not appointed by the Registrar, to the Registrar; and\n(ii) to each claimant and creditor known to the liquidator ;\n(b) immediately published notice of his appointment once a week for two consecutive weeks in a newspaper published or distributed in the district where the Co-operative Society has its registered office and take reasonable steps to give notice of the liquidation in every jurisdiction where the Co-operative Society carries on business ;\n(c) place in the notice mentioned in clauses (a) and (b) a provision requiring any person,-\n(i) indebted to the Co-operative Society, to render an account and pay to the liquidator at the time and place specified any amount owing ;\n(ii) possessing property of the Co-operative Society, to deliver it to the liquidator at the time and place specified ; and\n(iii) having a claim against the Co-operative Society, whether liquidator unliquidated, future or contingent, to present particulars of the claim in writing to the liquidator not later than sixty days after the first publication of the notice ;\n(d) take into custody and control the property of the Co-operative Society;\n(e) open and maintain a trust account for the moneys of the Co-operative Society ;\n(f) keep accounts of the moneys of the Co-operative Society received and paid out by him ;\n(g) maintain separate lists of the members, creditors and other persons having claims against the Co-operative Society ;\n(h) where at any time he determines that the Co-operative Society is unable to pay or adequately provide for the discharge of its obligations, apply to the Registrar for directions ; and\n(i) deliver to the Registrar, periodically as the Registrar may require, financial statements of the Co-operative Society in any form that the liquidator considers proper or that the Registrar may require.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "43",
            "title": "43. Powers of liquidators",
            "chapter": null,
            "content": "(a) retain lawyers, accountants, engineers, appraisers and other professional advisors ;\n(b) bring, defend or take part in any civil, criminal or administrative action or proceeding in the name and on behalf of the Co-operative Society;\n(c) carry on the business of the Co-operative Society as required for an orderly liquidator ;\n(d) shall by public auction any property of the Co-operative Society;\n(e) do all acts and execute any documents in the name and on behalf of the Co-operative Society ;\n(f) borrow money on the security of the property of the Co-operative Society ;\n(g) settle or compromise any claims by or against the Co-operative Society;\n(h) do all other things that he considers necessary for the liquidation of the Co-operative Society and distribution of its property.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 41
        },
        {
            "number": "44",
            "title": "44. Final account",
            "chapter": null,
            "content": "(a) issue directions with respect to the custody or disposal of the documents and records of the Co-operative Society ; and\n(b) discharge the liquidator.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 42
        },
        {
            "number": "45",
            "title": "45. Fee for services",
            "chapter": null,
            "content": "I. Date of Enforcement\nI. Date of Enforcement\nII. Appointment of Registrar\nIII. Constitution of Tribunal\n[ G.O.Ms.No. 405, Agriculture & Co-Operative (Co-Operative IV),  dated  27-5-1995 ]\n\"Delegation of Powers\"\n\"Delegation of Powers\"\nDelegation of powers of Registrar of Co-operative Societies to the District Co-operative Officers - Under sub-section (6) of Section 4 of the Andhra Pradesh Mutually Aided Co-operative Societies Act, 1995.\nDelegation of powers of Registrar of Co-operative Societies to the District Co-operative Officers - Under sub-section (6) of Section 4 of the Andhra Pradesh Mutually Aided Co-operative Societies Act, 1995.\n[ G.O.Ms.No.118, Ag. & Co-Operative (Co-Operative IV), 2-4-1996 ]\nAppointment of the Managing Director, Andhra Pradesh Dairy Development Co-Operative Federation Ltd., Hyderabad and Other Functionaries as Registrar Under sub-section (6) of Section 4\nAppointment of the Managing Director, Andhra Pradesh Dairy Development Co-Operative Federation Ltd., Hyderabad and Other Functionaries as Registrar Under sub-section (6) of Section 4\n[ G.O.Ms.No. 327, Agriculture & Co-Operative (Co-Operative IV),  dated  23-11-2007 ]\nSI. No\nSI. No\nName of the Authorities\nName of the Authorities\nPowers Conferred\nPowers Conferred\n1.\nManaging Director, Andhra Pradesh Dairy Development Co- op.\n\t\t\t\tFederation Ltd., Hyderabad\nAll the powers of the Registrar under the Andhra Pradesh\n\t\t\t\tMutually Aided Co-Operative Societies Act. 1995 in respect of all the\n\t\t\t\tMilk / Dairy Societies.\n2.\nCommissioner and Director of Sugar and Cane Commissioner,\n\t\t\t\tHyderabad\nAll the powers of the Registrar under the Andhra Pradesh\n\t\t\t\tMutually Aided Co-Operative Societies Act, 1995 in respect of all the\n\t\t\t\tCo-operative. Sugar Factories.\n3.\nDirector and Commissioner of Handlooms and Textiles\nAll the powers of the Registrar under the Andhra Pradesh\n\t\t\t\tMutually Aided Co-Operative Societies Act, 1995 in respect of all\n\t\t\t\tweavers Co-operative Societies and Co-operative Spinning Mills\n4.\nCommissioner of Excise\nAll the powers of the Registrars under the Andhra Pradesh\n\t\t\t\tMutually Aided Co-Operative Societies Act, 1995 in respect of all Toddy\n\t\t\t\tTappers Co-operative Societies.\n5.\nDirector of Animal Husbandry\nAll the powers of the Registrar under the Andhra Pradesh\n\t\t\t\tMutually Aided Co-Operative Societies Act, 1995 in respect of all\n\t\t\t\tPoultry Co-operative Societies.\n6.\nDirector and Commissioner of Industries\nAll the powers of the Registrar under the Andhra Pradesh\n\t\t\t\tMutually Aided Co-Operative Societies Act, 1995 in respect of all\n\t\t\t\tIndustrial Co-operative Societies.\n7.\nDirector and Commissioner of Horticulture",
            "footnote": "",
            "is_definition": false,
            "sort_order": 43
        },
        {
            "number": "7",
            "title": "7. All the powers of the Registrar under the Andhra Pradesh\n\t\t\t\tMutually Aided Co-Operative Societies Act, 1995 in respect of all\n\t\t\t\tHorticulture Producers processors and Marketing Vegetable and\n\t\t\t\tFruit Growers Co-operative Societies.",
            "chapter": null,
            "content": "8.\nCommissioner of Backward\nClasses Welfare\nAll the powers of the Registrar under the Andhra Pradesh\n\t\t\t\tMutually Aided Co-Operative Societies Act, 1995 in respect of all\n\t\t\t\tBackward Classes Welfare Co-operative Societies.\n9.\nDirector / Commissioner,\nWomen Development and Child Welfare\nAll the powers of the Registrar under the Andhra Pradesh\n\t\t\t\tMutually Aided Co-Operative Societies Act, 1995 in respect of all\n\t\t\t\tCo-operative Societies relating to Woman Welfare and Child\n\t\t\t\tWelfare.\n10.\nDirector of Fisheries\nAll the powers of the Registrar under the Andhra Pradesh\n\t\t\t\tMutually Aided Co-Operative Societies Act, 1995 in respect of all\n\t\t\t\tFishermen Co-operative Societies.\n11.\nDirector Welfare of Handicapped\nAll the powers of the Registrar under the Andhra Pradesh\n\t\t\t\tMutually Aided Co-Operative Societies Act, 1995 in respect of all\n\t\t\t\tSocieties relating to handicapped.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 44
        }
    ],
    "metadata": {
        "Act ID": "AP152",
        "Act Number": "(Act No. 30 of 1995)",
        "Enactment Date": "",
        "Act Year": "1995",
        "Short Title": "Andhra Pradesh Mutually Aided Co-Operative Societies Act, 1995",
        "Type": "STATE",
        "Location": "Andhra Pradesh"
    },
    "updated_at": "2026-09-29 21:55:18"
}