The Andhra Pradesh State Co-operative Bank (Formation) Act, 1963.

THE ANDHRA PRADESH STATE CO-OPERATIVE
BANK (FORMATION) ACT, 1963
ACT No. 12 OF 1963
ARRANGEMENT OF SECTIONS
SECTIONS
1. Short title and commencement
2. Definitions
3. Formation of the Andhra Pradesh State Co-operative Bank by
amalgamation of the Andhra Pradesh Co-operative Bank and
the Hyderabad Co-operative Bank
4. Transfer of assets and liabilities to the Andhra Pradesh Co-
operative Bank from the date of formation
5. Power to make rules
6. Power to adapt
7. Overriding effect of the Act
THE ANDHRA PRADESH STATE CO-OPERATIVE
BANK (FORMATION) ACT, 1963
ACT No. 12 OF 1963
 [9th May, 1963]
AN ACT TO PROVIDE FOR THE FORMATION OF THE ANDHRA
PRADESH STATE CO-OPERATIVE BANK LIMITED BY
AMALGAMATION OF THE ANDHRA STATE CO-OPERATIVE BANK,
LIMITED, AND THE HYDERABAD CO-OPERATIVE APEX BANK,
LIMITED, AND FOR MATTERS CONNECTED THEREWITH OR
INCIDENTAL THERETO.
BE it enacted by the Legislature of the State of Andhra Pradesh in the
Fourteenth Year of the Republic of India as follows:
1. Short title and commencement-  (1) This Act may be called the Andhra
Pradesh State Co-operative Bank (Formation) Act, 1963.
(2) It shall come into force at once.
2. Definitions- In this Act, unless the context otherwise requires,-
(a) 'Andhra Co-operative Bank' means the Andhra State Co-
operative Bank Limited;
(b) 'Andhra Pradesh Co-operative Bank' means the Andhra
Pradesh State Co-operative Bank Limited, formed under section
3;
(c) 1 ['Co-operative Societies Act of 1932' means the Andhra
Pradesh (Andhra Area) Co-operative Societies Act, 1932;]
(d) 1['Co-operative Societies Act of 1952' means the Andhra
Pradesh (Telangana Area) Co-operative Societies Act, 1952;]
(e) 'Government' means the State Government;
(f) 'Hyderabad Co-operative Bank' means the Hyderabad Co-
operative Apex Bank, Limited;
(g) 'Registrar' means the Registrar of Co-operative Societies,
Andhra Pradesh;
(h) 'State' means the State of Andhra Pradesh.
3. Formation of the Andhra Pradesh Co-operative Bank by
amalgamation of the Andhra Pradesh Co-operative Bank and the
Hyderabad Co-operative Bank –
 (1) As soon as may be after the commencement of this Act, the Registrar
shall place separately before a meeting of the general body of the Andhra Co-
1. Now see the provisions of the Andhra Pradesh Co-operative Societies Act, 1964 (Act 7 of
1964), in which these Acts were repealed.
operative Bank and a meeting of the general body of the Hyderabad Co-
operative Bank, specially convened by him, a scheme prepared by him
which shall contain proposals  ‘the Andhra Pradesh State Co-operative
Bank, Limited having for the amalgamation of those Banks to form a single
bank called as the area of its operation the entire territory comprised in the
State and for such other matters as are in his opinion connected with, or
incidental to, the amalgamation.
(2) If the scheme prepared by the Registrar is approved by a resolution
passed by a majority of the members present and voting at each of the said
meetings, either without modifications or with modifications to which the
Registrar agrees, he shall certify the scheme. Upon such certification, the
scheme shall be final and binding on the Andhra Co-operative Bank and the
Hyderabad Co-operative Bank as well as the shareholders, creditors, officers
and employees of those Banks.
(3) After the certification of the scheme under sub-section (2), the
Registrar shall register the Andhra Pradesh Co-operative Bank and its bye-
laws under the Co-operative Societies Act of 1932.
(4) Where the certified scheme of the Registrar provides for the
transfer of services of officers and employees of the Andhra Co- operative
Bank and the Hyderabad Co-operative Bank to the Andhra Pradesh Co-
operative Bank, such transfer shall not entitle any such officer or employee
to any compensation under the Industrial Disputes Act, 1947, or any other
law for the time being in force and no claim in respect thereof shall be
entertained by any Court, tribunal or other authority.
(5) After taking such action in terms of the certified scheme as may be
necessary for the amalgamation of the Andhra Co-operative Bank and the
Hyderabad Co-operative Bank, the Registrar shall notify to those Banks the
date on which the working of the Andhra Pradesh Co-operative Bank shall
commence, which date shall be deemed to be the date of formation of the
Andhra Pradesh Co-operative Bank.
(6) The scheme shall, as soon as may be after it is certified, be laid by
the Government before each House of the State Legislature.
(7) If the scheme prepared by the Registrar is not approved in the
manner indicated in sub-section (2), the Government shall, on an
application from the Registrar, refer the scheme for settlement to a Judge of
the High Court of Andhra Pradesh, nominated by the Chief Justice in this
behalf. The scheme as settled by such Judge shall be final and shall be
binding on the Andhra Co-operative Bank and the Hyderabad Co-operative
Bank as well as the shareholders, creditors, officers and employees of those
Banks in the same manner as if the scheme so settled were certified under
sub-section (2) and the provisions of sub-sections (3) to (6) shall apply to
such scheme.
4. Transfer of assets and liabilities to the Andhra Pradesh Co-operative
Bank from the date of formation-  With effect on and from the date of
formation of the Andhra Pradesh Co-operative Bank,--
(i) the assets and liabilities of the Andhra Co-operative
Bank and the Hyderabad Co-operative Bank shall stand
transferred to the Andhra Pradesh Co-operative Bank and
guarantees in respect of any liabilities of the said Banks
given by the Government and subsisting on that date
shall be deemed to be the guarantees given in respect of
the liabilities of the Andhra Pradesh Co-operative Bank;
(ii) the Co-operative Societies registered or deemed to have
been registered under the Co-operative Societies Act of
1952 shall, for the purpose of membership of the Andhra
Pradesh Co-operative Bank and in their transactions
therewith, be deemed to have been registered under, and
be governed by, the provisions of the Co-operative
Societies Act of 1932;
(iii) all contracts, deeds, bonds, agreements and other
instruments of whatever nature subsisting on that date
and relating to the assets and liabilities transferred to the
Andhra Pradesh Co-operative Bank, from the Andhra Co-
operative Bank and the Hyderabad Co-operative Bank
which have been parties thereto, shall have full force in
favour of, or against, the Andhra Pradesh Co-operative
Bank and may be enforced as if the Andhra Pradesh Co-
operative Bank had been a party thereto.
5. Power to make rules-  (1) The Government may, by notification in the
Andhra Pradesh Gazette, make rules for carrying out the purposes of this
Act.
(2) Every rule made under this section 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 shall thereafter
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.
6. Power to adapt-  For the purpose of giving effect to the provisions of this
Act, the Government may, by order published in the Andhra Pradesh
Gazette, make such adaptations and modifications of 1 [the Co-operative
Societies Act of 1932 and the Co-operative Societies Act of 1952,] and the
rules made thereunder, whether by way of repeal or amendment, as may be
necessary or expedient.
1. Repealed by Act 7 of 1964.
7. Overriding effect of the Act-  The Provisions of this Act shall have effect
notwithstanding anything inconsistent therewith in 1 [the Co-operative
Societies Act of 1932 and the Co-operative Societies Act of 1952].
1. Repealed by Act 7 of 1964.

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