section 2
Amendment of Section
The Andhra Pradesh Co-Operative laws (Amendment) Act, 1987Corporate198713 sections
Statutory text
In the Andhra Pradesh to-operative Societies OF Scction HA, Aa 7 Act, 1964 (hereinafter referred to as the principal Act), in Section ISA,-
- (1) for sub-sections (11,
- (2) and 131, !he following subsections shall be nrbstituted, namely:- "(1) Notwithstanding anything in this Act or' the mles made thereunder or the byelaws of the society concerned, iE !he Registrar is of the opinion that it is , necessary to amalgamate or merge any society with , any other such society or to divide and restrict or transfer the area of operation of a society or to Iiqui-, date a society for any of'the folloiving purposes, I namely:- I I - .(a) for ensuring. economic viability of arid or all the societies concerned; or c
- (b) for avoiding overlappius or conflict 04 , jurisdictions of societies in any area: or . A .i . . - : 3. -. - , .. I. -
- • A , {c) for -securing- proper management of any 8 .spciety; or , .,
- (d) in the interest of the co-oper2tiuz mow nlent in general and of ca-operative cridit str~icture in particular in thc State talcen as a wholz; or
- (e) for. any ot11,er reason in the public Interest, he may identify the viable and - non-viablc societies whim may be retained or divided with consx~uc~~tial restriction of the area 01 operation or thc transfer of such arc3 or amal~amated ar liquidal-ed, as the case may be. and rnay by a notiiicntian to bc pub1is;lcd in the prcscribcd lrlnnner, specify tI~r: arc3 of otler;!tinll ; af er~cl~ such society or wcicties to be retained divided ! or nqaIgm=ited;yit!5 any nthcr socie!~ i~ldica:ei! in 1 tqi,-sgid.notlrotipn and invit: abjections or su,!kes- I :tio$.~from, .. -- .-. ~c mc-ktics or any -members, - depositorsi . b &e.!lirors, employees or other persons concerned with the &airs of each such society to be received within twc@y one days from the date.of publication of the notification. Exp1mation:-For the purpose of thi's Section,-
- (i) the term 'Registrar' means the person on ivllo~n tile powers of die Registrar under this Section are codcrred under clause
- (a) of section 2.
- (ii) any society may coavcne the ~cneral body meeting within seven dzys from the date af publication of the notificiltion.
- (b) for avoiding overlappius or conflict 04 , jurisdictions of societies in any area: or . A .i . . - : 3. -. - , .. I. -
- (2) The Registrar may, after having considered the mattcr in the light of any suggestions or objections ivhicl~ may be received by him within [he period speci- fied in sub-section
- (i) and after making if uecessary, such modification in the proposal as he may deem fir, make an order and publish it in tb.c prescribed manner;
- (3) On malting such an order,--
- (i) tlle societies affected by the amalgamation,
dlall bc decmcd to i~rlvc been amalgarnaiecl with he
Society or socic'.ies with which each one is amalga- mated;
- (ii) I11e re:istmtion of every amalgamated or clividcd sociery s11;1ll srnnd cancelIcd whereupon such socicty s11all ccasc to exist as a corporate body;
- (iii) 111c arcn added to the area of. ,operation cf the socicty shall bc clccmed to have been -transfer- red to snch socicty to n!lich it is added:
- (iv) llle nsscts of such amalgamated or divided society sh;~Il stand fral~sfcrred to and it3 liabilities shall dcvolr~c on, lhc ssoisty irith which it is amalga- aared aud all hmovnblz prope~ties located in the (%J.c~q 'noinber d .uch &dg&a& GI divided SC~:.'-~ mr! residing in the area -erred CFXJ Be d?emcd to haye Lm trqferred together with j& Iyns: shwe capitd, deposik to thd ' society with ~:2i& it @ amdgamated or to ~~hich the area is !ram- fcrrc d and he sW have the mmc ' rights, privileges
ard linbi'iities which he has had it^ the amalgamated
or divided wieq; -.
- (vi) the Committee d the amalgamated or divided society shall st sd dissalved and thereupon, the Registrar shall nominate a Conmittee or appoint a person or. p,rsolls, wherever nemmy to manage the affairs of, such society for a period nof exceeding six months and armge for he conduct of elections before the expiry of the term; , (~2) it shall b mnpcket for he Registrar to alIct, by order, employees of such societies which . are an~algimatod or divided to my suciety or societies; and (1%) notwithstanding anq*g in this Ace or id any &her !xw, ~i in any coaGi!ct, award or any other i~strument for tbe time 'u~:ag in force, the pro- visions of the order of the Kcgisirar under subses- tirsns
- (2) and
- (3) shaU be brildiiig on all socictim and f~eir members, de-msitors, creditors, . employees and other gersons having zv,y ~jghts: assets or liabiities in dation to dl or %y of ti~c ~C~IEIX~ societies."; t2) ia subs~xgon (4), %e words "or poten-
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