The Telangana State Handloom Weavers Co-operative Society (Formation) Act, 1976.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA STATE HANDLOOM WEAVERS’
CO-OPERATIVE SOCIETY (FORMATION) ACT, 1976.
(ACT NO. 54 of 1976)
ARRANGEMENT OF SECTIONS
Sections
1. Short title, extent and commencement.
2. Definitions.
3. Formation of the Telangana State Handloom
Weavers’ Co-operative Society Ltd.
4. General effect of Amalgamation.
5. Ultimate authority of new society to vest in its
general body.
6. Management of the affairs of the new society.
7. Transfer of services of officers and other employees
of the amalgamated societies.
8. Over-riding effect of the Act.
9. Power to make rules.
10. Power to remove difficulties.
11. Repeal of Ordinance 14 of 1976.
THE TELANGANA STATE HANDLOOM WEAVERS’
CO-OPERATIVE SOCIETY (FORMATION) ACT, 1976.1
ACT No. 54 of 1976.
1. (1) T his Act may be ca lled the 2Telangana State
Handloom Weavers’ Co-operative Society (Formation) Act,
1976.
(2) It extends to the whole of the State of 2Telangana.
(3) It shall be deemed to have come into force on the
6th July, 1976.
2. In this Act, unless the context otherwise requires,-
(a) “amalgamation” means the amalgamation of the
Andhra Handloom Weavers ’ Co-operative Society, the
Hyderabad Handloom Weavers ’ Central Co -operative
Association and the Rayalaseema Apex Weavers ’
Co-operative Society, un der section 3, for the purpose of
formation of a new Society called “the Telangana State
Handloom Weavers’ Co-operative Society Limited ”, and the
expression, “amalgamated societies” shall be construed to
refer to the aforesaid three societies so amalgamated;
1. The Andhra Pradesh State Handloom Weavers ’ Co-operative Society
(Formation) Act, 1976 received the assent of the Governor on
18.08.1976. The said Act in force in the combined State, 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 Order, 2016, issued in
G.O.Ms.No.45, Law (F) Department, dated. 01.06.2016.
Throughout the Act, wherever required the words "Andhra Pradesh" shall
be substituted by the word “Telangana”.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Short title, extent
and
commencement.
Definitions.
2 [Act No.54 of 1976]
(b) “Andhra Handloom Weavers’ Co -operative Society”
means the Andhra Handloom Weavers’ Co-operative
Society Limited Vijayawada, registered or deemed to be
registered under the Co-operative Societies Act;
(c) “appointed day” means the date appointed for the
formation of the Telangana State Handloom Weavers ’ Co-
operative Society Limited, by the Government und er sub -
section (1) of section 3;
(d) “Co-operative Societies Act” means 3the Telangana
Co-operative Societies Act, 1964;
(e) “Government” means the State Government;
(f) “Hyderabad Handloom Weavers ’ Central
Co-operative Association” means the Hyderabad Handloom
Weavers’ Central Co -operative Association Limited,
Hyderabad, registered or deemed to be registered under
the Co-operative Societies Act;
(g) “new s ociety” means the Telangana State
Handloom Weavers ’ Co-operative Society limited, formed
under sub-section (1) of section 3;
(h) “notification” means a notification published in the
4Telangana Gazette;
(i) “Rayalaseema Apex Weavers’ Co-operative Society”
means th e Rayalaseema Handloom Weavers’
Co-operative Society Limited, Kurnool registered under the
Co-operative Societies Act;
3. Adapted by G.O.Ms.No.53, Agriculture and Co -operation (coop.II)
Department, dated 20.05.2016.
4. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Act 7 of 1964.
[Act No.54 of 1976] 3
(j) “Registrar” means the Registrar of the Co -operative
Societies, 5Telangana and includes any other person on
whom all or any of the powers of the Registrar under this Act
are conferred by the Government;
(k) all words and expressions used in this Act and not
defined but defined in the Telangana Co-operative Societies
Act, 1964 shall have the meanings respective ly assigned to
them in that Act.
3. (1) Notwithstanding anything in the Co-operative
Societies Act, or the rules made thereunder or the bye -laws
for the time being in force with effect on and from such date
as the Government may, by notification, appoint in t his
behalf, the Andhra Handloom Weavers’ Co-operative
Society, the Hy derabad Handloom Weavers ’ Central
Co-operative Ass ociation and the Rayalaseema Ap ex
Weavers’ Co-operative Society, shall stand amalgamated
and shall be formed into a sin gle new society, called the
Telangana 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 appointed day-
(a) the registration o f each of the amalgamated
societies shall, stand cance lled and the said amalgamated
societies shall be deemed to have been diss olved and shall
cease to exist as corporate bodies;
(b) the new s ociety and the bye -laws as framed by
the Go vernment o r any officer auth orised by them in this
behalf shall be deemed to have been register ed under the
provisions of the C o-operative Societies Act and the
5. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016 .
Formation of the
Telangana State
Handloom
Weavers' Co-
operative Society
Ltd.
4 [Act No.54 of 1976]
Registrar shall issue the necessary Certificate o f registration
to the said new society.
4. (1) On the amalgamation with effect on and fr om the
appointed day,-
(i) save as otherwise expressly pro vided in this Act,
the provisions of the Co -operative Societies Act shall apply
to the new society;
(ii) the assets and liabilities of every description of the
amalgamated so cieties shall stand transferred to the new
society:
Provided that no such transfer shall prejudicially affect
or render in effective any suit, appeal or legal proceedings
of whatever nature pending b y or against the ama lgamated
societies, but such suit, appeal or legal proceedings may be
continued, prosecuted and enforced by or against t he new
society:
Provided further that the liabilities o f the amalgamated
societies shall continue to be gov erned by such guarantee
of the Go vernment as subsist ed with regard to them on the
appointed day, as if such guarantee were given in respect of
the liabilities so transferred, immediately aft er the appointed
day;
(iii) the Government and the primary and o ther
Co-operative Societies which are members of, or affiliated to
the am algamated societies sh all be deemed to be the
member of, and affiliated to the new society;
(iv) all contracts, deeds, bonds, agreements and
other instruments of whatever nature subsisting and relating
to the assets and liabilities transferred to the new so ciety,
from the amalgamated societie s which have been parties
General effect of
amalgamation.
[Act No.54 of 1976] 5
thereto shall have full f orce in favour of o r against the new
society, and may be enforced as if the said new so ciety has
been a party thereto.
(2) The Government may, by notification, m ake such
supplemental, incidental and consequential provisions
(including the provision as to committees, authorities ,
properties, rights and interests, liabilities, duties and
obligations of the amalgamated societies or new society) as
they may deem neces sary to give effect to the provisions of
this Act.
5. Subject to the provisions of this Act, the Co -operative
Societies Act, th e rules and the bye -laws, the ultimate
authority of the new society shall vest in the general body
consisting of such members of the general bodies of the
amalgamated soci eties as may be specified by the
Government by notification.
6[6. (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:-
7[(i) one representative of the Primary handloo m
weavers co -operative societies (other than Primary Wool
Weavers Co -operative Societ ies) in each District to be
elected from among themselves by the delegates of such
societies;]
(ii) one representative of the primary handloom wool
weavers co -operative societies to be elected from among
6. Substituted by Act No.14 of 1983.
7. Substituted by Act No.14 of 1988.
Ultimate authority
of new society to
vest in its general
body.
Management of
the affairs of the
new society.
6 [Act No.54 of 1976]
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, T elangana State C o-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, Telangana State Handloom
Weavers Co-operative Society Limited.
(2) The elected members of the committee shall elect
from among themselves a Chairman.]
7. (1) The services of o fficers and other employees of the
amalgamated societies shall stand transfer red to the new
society.
(2) Every person who has been immediately before the
appointed day , in the employment of the amalgamated
societies shall, i n so far as such person is employed in
connection with the amalgam ated societies, b ecome as
Transfer of
services of
officers and other
employees of the
amalgamated
societies.
[Act No.54 of 1976] 7
from the appointed day an employee of the new society and
shall hold his office or service therein by the same tenure, at
the same remuneration an d upon the sa me terms and
conditions and with the same rights and privileges as to
pension and gratu ity and other matters as he woul d have
held the same under the a malgamated societies prior to
their amalgamation and shall continue to do so unless and
until his employment in the new society is duly terminated or
until his terms and conditions of employment are duly
altered by the new society.
(3) The transfer of the services of any officer or other
employee of the amalgamated so cieties to the new society
shall not entitle such off icer or other employee to any
compensation under this Act or other law for the tim e being
in force and no such claim shall be entertained by any court,
tribunal or other authority.
8. The provisions of this Act shall have effect
notwithstanding anything inconsistent therewith contained in
the Co-operative Societies Act.
9. (1) The Government may, by notification, make rules to
carry out all or any of the purposes of this Act.
(2) Every rule made under this Act shall immediately
after it is made b e laid before e ach House of the St ate
Legislature if it is i n 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 ses sion or in two
successive sessions, and if, before the expiration of th e
session in which it i s so laid or th e session immediately
following, both Houses agree in making any modi fication in
the rule or in the a nnulment 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 th e case may be; so how ever that any such
Over-riding effect
of the Act.
Power to make
rules.
8 [Act No.54 of 1976]
modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.
10. If any difficulty arises in giving effect to the provisions
of this Act the Government may make such orders not in
consistent with the purpose of this Act as appear to them to
be necessary or expedient for the purpose of removing the
difficulty.
11. The Andhra Pradesh State Handloom Weavers
Co-operative Society (Formation) Ordinance, 1976 is hereby
repealed.
* * *
Power to remove
difficulties.
Repeal of
Ordinance 14 of
1976.
Lex