The Telangana State Co-operative Societies (Reconstitution) Act, 1956.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA STATE CO-OPERATIVE SOCIETIES
(RECONSTITUTION) ACT, 1956.
ACT NO. XLII OF 1956.
ARRANGEMENT OF SECTIONS
Sections
1. Short title, extent and commencement.
2. Reconstitution of certain existing Co-operative
Societies.
3. Proposals of Regisitrar and Confirmation by general
body of each of the existing societies.
4. Procedure if Registrar's proposals are not
confirmed.
5. Allocation of liabilities not to affect guarantee of the
State Government.
6. Adaptation and modifications to certain Acts.
7. Acts to over-ride certain enactments.
8. Power to make rules.
THE TELANGANA STATE CO-OPERATIVE SOCIETIES
(RECONSTITUTION) ACT, 1956.1
ACT No. XLII OF 1956.
1. (1) This Act may be called 2[the Telangana State
Co-operative Societies (Reconstitution) Act, 1956].
(2) It extends to the whole of the 2State of Telangana.
(3) It shall come into force at once.
2. (1) Each of the following societies, that is to say, the
Hyderabad State Co -operative Bank Limited, and the
Hyderabad Central Co -operative Land Mortgage Bank
Limited (hereinafter in this Act referred to as “the existing
societies”), shall be reconstituted in the manner hereinafter
appearing.
(2) From the areas of operations of each of the existing
societies, the following territories shall be excluded, namely:-
(a) the territories comprised in the talukas of Bidar,
Humnabad, Bhalki and Santpur of Bidar district, the talukas
of Raichur, Manvi, Sindhnur, Gangawathi , Kopbal, Yelbarga,
Kushtagi, Lingsugur and Devdurg of Raichur district, and the
talukas of Gulbarga, Chi tapur, Yadgir, Shahpur, Shorapur
Jiwargi, Afzalpur, Aland Chinchol i and Sedam of Gulbarga
1. The Andhra Pradesh (Telangana Area) State Co -operative Societies
(Reconstitution) Act, 1956 received the assent of the President on the
21st September, 1956. The said Act in force in the combined State of the
Andhra Pradesh, as on 02.06.2014, has been adapted to the State of
Telangana, under section 101 of the Andhra Pradesh Reorganisation
Act, 2014 (Central Act 6 of 2014) vide. the Telangana Adaptation of Laws
(No.2) Order, 2016, issued in G.O.Ms.No.46, Law (F) Department, dated
01.06.2016.
2. Substituted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
Short title, extent
and
commencement.
Reconstitution of
certain existing
Co-operative
Societies.
2 [Act No. XLII of 1956]
district (hereinafter in this Act referred to as the Karnataka
area);
(b) the territories comprised in the districts of
Aurangabd, Parbhan i, Nanded, excluding Kuber, Mudhol
and Bhainsa revenue circles of Mudhol taluka and Jukkal
and Bichkonda revenue circles of Deglur taluka of Nanded
district, Osmanabad and Bhir and the talukas of Nilanga,
Ahmedpur and Udgir of Bidar district, Islapur revenue circle
of Boath taluka and Kinwat and Rajura talukas of Adilabad
district (hereinafter referred to as the Marathwada area).
(3) The proposals for the reconstitut ion of the existing
societies under section 3 shall, inter alia, provide-
(a) In relation to the Karnataka area-
(i) for the disaffiliation from the existing societies of
the member-societies within that area;
(ii) for the affiliation of the said member societies to
the corresponding societies of the Mysore State, that is to
say, the Mysore State Co -operative Bank Limited or, as the
case may be, the Mysore Central Co -operative Land
Mortgage Bank Limited, registered u nder the Mysore
Co-operative Societies Act; and
(iii) for the transfer of the relative portion of the
assets and liabilities of the existing societies to the said
corresponding Mysore societies;
(b) In relation to the Marathwada area-
(i) for the disaffiliation from the existing societies of
the member-societies within that area;
[Act No. XLII of 1956] 3
(ii) either for the affiliation of the the member -
societies to the corresponding societies of Co -Bombay
State, that is to say, the Bombay State Co-operative Bank
Limited, or as the case may be, the Bombay State
Co-operative Land Mortgage Bank Lmited, regi stered under
the Bombay Co -operative Societies Act, or for the formation
and registration of a corresponding new society or societies
for that area with the societies disaffiliated under sub -clause
(i) as its or their members, as the Government may, by
notification in the Official Gazette, direct; and
(iii) for the transfer of the relative portion of the
assets and liabilities from the existing societies to the said
corresponding Bombay societies or, as the case may be, the
corresponding new society or societies.
3. (1) The Registrar of Co -operative Societies of the 3State
of Telangana (hereinafter in this Act referred to as The
Registrar) shall, subject to the provisions of section 2, place
before a meeting of the general body of each of the existing
societies, held in such manner as may be prescribed by
rules made under this Act, proposals for the reconstitution of
the existing societies.
(2) Without prejudice to the generality of the foregoing
power, such proposals may provide for-
(a) the allocation of the assets and liabilities of the
existing societies among the reconstituted societies, the
corresponding Mysore societies mentioned in section 2 (3)
(a) (ii) and the corresponding Bombay societies or the
corresponding new society or societies, as the case may be,
mentioned in section 2(3) (b)(ii);
3. Substituted for t he words “Telangana Area of the State of Andhra
Pradesh” by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
Reconstitution of
certain existing
Co-operative
Societies.
Proposals of
Registrar and
Confirmation by
general body of
each of the
existing societies.
4 [Act No. XLII of 1956]
(b) the membership and management of the
reconstituted societies and the corresponding new society
or societies mentioned in section 2 (3) (b) (ii) in case such
new society or societies are formed;
(c) the allocation of the establishments of the existing
societies among the societies mentioned in clause (a) and
the transfer of service of the officers and employees of such
establishment; and
(d) all other matters which are necessary for or
incidental to the aforesaid matters.
(3) Where such proposals provide for the allocation of
the establishment or the transfer of service of officers or
employees such allocation or transfer shall not entitle any
such officer or employee to any compensation under the
Industrial Disputes Act, 1947 (Central Act 14 of 19 47) 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.
(4) If the proposals of the Registrar under sub-section
(1) are confirmed by a resolution passed by a majorit y of the
members present at the meeting either without modifications
or with modifications to which the Registrar agrees, the
Registrar shall certify the proposals and upon such
certification the proposal shall, notwithstanding anything to
the contrary con tained in any law, rules, regulations or
bye-laws for the time being in force, be binding on the
existing societies and the societies mentioned in section 2
(3) (a) (ii) and section 2 (3) (b) (ii) and their shareholders and
creditors.
4. If the proposals of the Registrar are not confirmed either
without modifications or with modifications agreed to by the
Registrar, the State Government shall refer the proposals to
Procedure if
Registrar’s
proposals not
confirmed.
[Act No. XLII of 1956] 5
a Judge of the High C ourt, Hydera bad, nominated by the
Chief Justice, Hyderabad, in this behalf, and the decision of
such Judge shall be final for all purposes and shall be
binding in the same manner as if the propos als have been
certified under sub-section (4) of section 3.
5. The allocation of the liabilities of each of the existing
societies shall not affect the guarantee, if any, of t he State
Government for the due repayment of any debt owing by the
existing societies.
6. The State Government may, by order, make such
adaptations and modifications in 4the Hyderabad
Co-operative Societies Act, 1952 (XVI of 1952) and 5the
Hyderabad Land Mortgage Bank Act, 1349 Fasli (II of 1349
Fasli), as are consequential on or necessary to give full
effect to the reconstitution of the existing societies and the
formation and registration of the new societies.
7. The provisions of this Act shall have effect
notwithstanding anything to the contrary contained in 4the
Hyderabad Co-operative Societies Act, 1952 (XVI of 1952)
and 5the Hyderabad Co -operative Land Mortgage Bank Act,
1349 Fasli (II of 1349 Fasli).
8. The State Government may, by notification in the
6Telangana Gazette, make rules to carr y out the purposes of
this Act.
* * *
4. Repealed by Andhra Pradesh Act 7 of 1964.
5. Repealed by Andhra Pradesh Act 44 of 1961.
6. Substituted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
Allocation of
liabilities not to
affect guarantee
of the State
Government.
Adaptations and
modifications to
certain Acts.
Act to override
certain
enactments.
Power to make
rules.
Lex