The Andhra Pradesh State Handloom Weavers Co-operative Society Limited (Merger of certain Co-operative Societies) Act, 1983.

THE ANDHRA PRADESH HANDLOOM WEAVERS CO-OPERATIVE SOCIETY
LIMITED (MERGER OF CERTAIN CO-OPERATIVE SOCIETIES) ACT, 1983
ACT No. 14 OF 1983
ARRANGEMENT OF SECTIONS
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
3. Transfer of assets and liabilities of other societies to the
Andhra Pradesh State Handloom Weavers Co-operative
Society Limited.
4. General effect of merger.
5. Ultimate authority to vest in the general body.
6. Management of affairs of transferee society.
7. Transfer of services of officers & other employees of the
transferor societies.
8. Overriding effect of the Act.
9. Power to make rules.
10. Power to remove difficulties.
11. Amendment of Act 54 of 1976.
12. Repeal of Ordinance 14 of 1983.
THE ANDHRA PRADESH HANDLOOM WEAVERS CO-OPERATIVE SOCIETY
LIMITED (MERGER OF CERTAIN CO-OPERATIVE SOCIETIES) ACT, 1983
ACT No. 14 OF 1983
[24th September, 1983]
AN ACT TO PROVIDE FOR THE MERGER OF THE ANDHRA PRADESH
STATE WOOL INDUSTRIAL CO-OPERATIVE  SOCIETY LIMITED,
HYDERABAD THE ANDHRA PRADESH STATE TEXTILE PROCESSING
CO-OPERATIVE SOCIETY LIMITED, HYDERABAD AND NELLORE
DISTRICT WEAVERS’ SERVICE CO-OPERATIVE SOCIETY LIMITED,
NELLORE WITH THE ANDHRA PRADESH STATE HANDLOOM
WEAVERS CO-OPERATIVE SOCIETY LIMITED AND FOR MATTERS
CONNECTED THEREWITH OR INCIDENTAL.
Be it enacted by the Legislature of the State of Andhra Pradesh in the
Thirty fourth Year of the Republic of India as follows:-
1. Short tile, extent and commencement -This Act may be called the
Andhra Pradesh State Handloom Weavers Co-operative Society Limited (Merger
of certain Co-operative Societies) Act, 1983.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall be deemed to have come into force on the 22nd July, 1983.
2.Definitions -In this Act, unless the context otherwise requires,-
(a) ‘Co-operative Societies Act’ means the Andhra Pradesh Co-
operative Societies Act, 1964 (Act 7 of 1964);
(b) ‘general body of the transferee society ;’ means the general
body consisting of such number of  members  as may be specified
by the Government by notification under section 5;
(c) ‘Government’ means the State Government of Andhra
Pradesh;
(d) ‘notification’ means a notification published in theAndhra
Pradesh Gazette; and the word ‘notified’ shall be construed
accordingly;
(e) ‘Registrar’ means the Registrar of Co-operative Societies,
Andhra Pradesh and includes any other person on whom all or any
of the powers of the Registrar under this Act are conferred by the
Government;
(f) ‘Specified day’ means the date specified by the Government
under sub-section (1) of section 3;
(g) ‘transfer of assets and liabilities’ means the transfer of assets
and liabilities of the Andhra Pradesh State Wool Industrial Co-
operative Society Limited, Hyderabad, the Andhra Pradesh State
Textile Processing Co-operative Society Limited, Hyderabad and the
Nellore District Weavers Service Co-operative Society Limited,
Nellore as specified in section 3;
(h) ‘transferee society’ means the Andhra Pradesh State
Handloom Weavers Co-operative Society Limited;
(i) ‘transferor societies’ means the Andhra Pradesh State Wool
Industrial Co-operative Society Limited, Hyderabad, the Andhra
Pradesh State Textile Processing Co-operative Society Limited,
Hyderabad and the Nellore District Weavers Service Co-operative
Society  Limited, Nellore registered under the Co-operative
Societies Act;
(j) Act 7 of 1964. all words and expressions used in this Act
and not defined, but defined in the Andhra Pradesh Co-operative
Society Act, 1964, shall have the meanings respectively assigned to
them in the Act.
3. Transfer of assets and liabilities of other societies to the Andhra
Pradesh State Handloom Weavers Co-operative Society Limited -
Notwithstanding anything in the Co-operative Societies Act, or the rules made
thereunder or the bye-laws of the transfer or societies for the time-being in
force, with effect on and from such date as the Government may, by
notification, specify in this behalf, the assets and liabilities of the Andhra
Pradesh State Wool Industrial Co-operative Society Limited, Hyderabad, the
Andhra Pradesh State Textile Processing Co-operative Society Limited,
Hyderabad and the Nellore District Weavers Service Co-operative Society
Limited, Nellore, shall stand transferred to and form part of the assets and
liabilities of the  Andhra Pradesh State Handloom Weavers Co-operative Society
Limited having as the area of its operation, the entire territory comprised in the
State.
(2) On and from the specified day-
(a) the registration of each of the transferor societies shall stand
cancelled and the said societies shall  be  deemed to have been
dissolved and shall cease to exist as corporate bodies;
(b) the Andhra Pradesh State Handloom Weavers Co-operative
Society Limited shall have full and sufficient conveyance and
vestiture in the assets and liabilities transferred to it and shall
apply all the provisions of its bye- laws as amended from time to
time in regard to their operation and regulation;
(c) the existing units of the transferor societies shall function as
separate functional units of the Andhra Pradesh State Handloom
Weavers Co-operative Society Limited.
4. General effect of merger - (1) Notwithstanding anything in the Co-
operative Societies Act, or the rules made thereunder or the bye-laws of the
transferor societies for the time being in force, with effect on and from the
specified day,-
(i) the transferor societies shall stand merged with the
transferee society;
(ii) the assets and liabilities of every description of the
transferor societies shall stand transferred to the Andhra
Pradesh State Handloom Weavers Co-operative Society
Limited:
Provided that no such transfer shall prejudicially affect
or render ineffective any suit, appeal or legal proceedings of
whatever nature pending by or against the transferor
societies, but such suit, appeal or legal proceedings may be
continued, prosecuted and enforced by or against the
transferee society;
Provided further that the liabilities of the transferor
societies shall continue to be governed by such guarantee  of
the Government as substituted with regard to them on the
specified day, as if such guarantee were given in respect of
the liabilities so transferred, immediately after the specified
day;
(iii) the Government, the primary and other Co-operative
Societies, and others who are members of, or affiliated to the
transferor societies shall be deemed to be the members of, or
affiliated to the transferee society;
(iv) all contracts, deeds, bonds, agreements and other
instruments of whatever nature subsisting and relating to
the assets and liabilities transferred to the transferee society
from the transferor societies which have been parties
thereto, shall have full force in favor of or against the
transferee society, and may be enforced as if the said
transferee society has been a party thereto.
(2) The Government or any officer authorized by them in this behalf
may amend the bye-laws of the transferee society so as to give effect to the
merger and for any other matters incidental thereto.
(3) The Government may, by notification, make such supplemental,
incidental and consequential provisions (including the provisions as to
committees, authorities, properties, right and interest, liabilities, duties  and
obligations of the transferor societies or transferee society) as they may deem
necessary to give effect to the provisions of this Act.
5. Ultimate authority to vest in the general body - Subject to the provisions
of this Act, the Co-operative Societies Act the rules and the bye-laws, the
ultimate authority of the transferee society shall vest in its general body
consisting of such members of the general bodies of the transferor and the
transferee societies as may be specified by the Government by notification.
6. Management of affairs of transferee society - (1) With effect on and from
the specified day and notwithstanding anything in the Co-operative Societies
Act  or the Andhra Pradesh State Handloom Weavers Co-operative Society
(Formation) Act, 1976, or the rules made thereunder or the bye-laws of the
transferor societies or the transferee society, the Government, may, by
notification, appoint a committee consisting of not more than eleven persons to
manage the affairs of the transferee society for a period not exceeding three
years:
Provided that the Government may, from time to time, by notification and
for reasons to be specified therein extend the said period of appointment
beyond three years for a further period or periods not exceeding six months at
a time; so however, that the total period of appointment shall not in the
aggregate extend beyond six years;
Provided further that the Government may without giving any notice and
without assigning any reasons  therefore remove any member of the Committee
and appoint another member in his place who shall hold office for the residue
of the term of his predecessor;
Provided also that any casual vacancy occurring in the office of the
member of the committee may be filled by the Government by appointment of
another person and the person so appointed shall hold office for the residue of
the term of his predecessor.
(2) The Committee appointed under sub-section (1) shall, subject to the
control of the Government or the Registrar and to such directions as they or he
may issue, from time to time have power to exercise all or any of powers and
functions of the Committee of the transferee society.
(3) The Registrar shall arrange for the calling of a general meeting of the
transferee society for the, election of the committee in accordance with the
provisions of the Andhra Pradesh Co-operative Societies Act, 1964, (Act 7 of
1964) and the rules made thereunder so as to enable the members of the
committee to come to office at the expiration of the term of the committee
appointed by the Government.
7. Transfer of services of officers and other employees of the transferor
societies -(1) The services of officers and other employees of the transferor
societies shall stand transferred to the Andhra Pradesh State Handloom
Weavers Co-operative Society Limited.
(2) Every person who has been, immediately before the specified day, in
the employment of the transferor societies shall in so far as such person is
employed in  connection with any of the transferor societies become as from
the specified day, an employee of the transferee society and shall hold his office
or service therein by the same tenure, at the same remuneration and upon the
same terms and conditions and with the same rights and privileges as to
gratuity and other retirement benefits and other matters as he would have held
the same under the transferor societies prior to the transfer of their assets and
liabilities and shall continue to do so unless and until his employment in the
transferee society is duly terminated or until his terms and conditions of
employment are duly altered by the transferee society.
(3) The transfer of the services of any officer or other employee of any of
the transferor societies to the transferee society shall not entitle such officer or
other employee to any compensation under this Act or other law for the time
being in force and no such claim shall be entertained by any court, tribunal or
other authority.
8. Over riding effect of the Act -The provisions of this Act shall have effect
notwithstanding anything inconsistent therewith contained in the Andhra
Pradesh Co-operative Societies Act, 1964( Act 7 of 1964).
9. Power to make rules -(1) The Government may, by notification, make rules
to carry out all or any of the purposes of this Act.
(2) Every rules made under this Act shall immediately after it is made be
laid before each House of the State Legislature if it is in session and if it is not
in session, in the session immediately following for a total period of fourteen
days which may be comprised in one session or in two successive sessions, and
if, before the expiration of the session in which it is so laid or the session
immediately following, both Houses agree in, making any modification in the
rule or in the annulment of the rule, the rule shall from the date on which the
modification or annulment is notified, have effect only in such modified form or
shall stand annulled, as the case may be, so however, that any such
modification or annulment shall be without prejudice to the validity of anything
previously done under that rule.
10. Power to remove difficulties - If any difficulty arises in giving effect to the
provisions of this Act, the Government may make such orders not inconsistent,
with the purpose of this Act as appear to them to be necessary or expedient for
the purpose of removing the difficulty.
11. Amendment of Act 54 of 1976 - With effect on and from the specified
day, the Andhra Pradesh State Handloom Weavers Co-operative Society
(Formation) Act, 1976 shall have effect subject to the modification that for
section 6, the following section shall be substituted, namely:
“6. Management of the affairs of the new Society - (1) Notwithstanding
anything in this Act, the Co-operative Societies Act, or the rules made
thereunder or the bye-laws for the time being in force, the management
of the affairs of the new society shall vest in the Committee consisting of
the following members, namely:-
1[(i) one representative of the Primary handloom weavers co-
operative societies (other than Primary Wool Weavers Co-operative
Societies) in each District to be elected from among themselves by
the delegate of such societies;]
1 . The clause substituted by the Act No. 14 of 1988, Section 2.
Explanation:- For the purpose of this sub-section the expression:-
(a) “Coastal Andhra Area” means, the area comprising the
districts of Srikakulam, Vizianagaram, Visakhapatnam, East
Godavari, West Godavari, Krishan, Guntur, Prakasam and
Nellore.
(b) “Rayalaseema Area” means the area comprising of the
districts of Kurnool, Cuddapah, Anatapur and Chittoor; and
(c) ‘Telangana Area’ means the territories specified in sub-
section (1) of section 3 of the States Re-organisation
Act,1956(Central Act 37 of 1956).
(ii) one representative of the primary handloom wool weavers co-
operative societies to be elected from among themselves by the
delegates of such class of societies in the State;
(iii) three nominees of the Government consisting of-
(a) Director of Handlooms and Textiles;
(b) Joint Secretary to Government or Deputy Secretary to
Government in the Industries and Commerce Department
dealing with the Handloom Industry;
 (c) one expert in Handlooms and Textiles  technology;-
(iv) Managing Director, Andhra Pradesh State Co-operative Bank;
(v) Deputy General Manager, Regional Office of the National Bank
for Agricultural and Rural Development, Hyderabad.
(vi) Regional Director, National Co-operative Development
Corporation, Poona;
(vii) Managing Director, Andhra Pradesh State Handloom Weavers
Co-operative Society Limited.
(2) The elected members of the Committee shall elect from among
themselves a Chairman”.
12.  Repeal of Ordinance 14 of 1983 -The Andhra Pradesh State Handloom
Weavers Co-operative Society Limited (Merger of certain co-operative societies)
Ordinance, 1983 is hereby repealed.

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