LexThe Telangana State Handloom Weavers Co-operative Society Limited (Merger of certain Co-operative Societies) Act, 1983.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA STATE 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, commencement and
application.
2. Definitions.
3. Transfer of assets and liabilities of other societies to
the Telangana 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 TELANGANA STATE HANDLOOM WEAVERS
CO-OPERATIVE SOCIETY LIMITED (MERGER OF CERTAIN
CO-OPERATIVE SOCIETIES) ACT, 1983.1
ACT No. 14 OF 1983.
1. (1) This Act may be called the 2Telangana 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 2Telangana.
(3) It shall be deemed to have come into force on the
22nd July, 1983.
2. In this Act, unless the context otherwise requires,-
(a) ‘Co-operative Societies Act ’ means the 3Telangana
Co-operative Societies Act, 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 not ification under
section 5;
1. The Andhra Pradesh State Handloom Weavers Co-operative Society
Limited (Merger of Certain Co -operative Societies) Act, 1983 received
the assent of the Governor on 24.09.1983. The said Act in force in the
combined State, as on 02.06.2014, has been adapted to the State of
Telangana, under section 10 1 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 for the words "Andhra Pradesh",
the word Telangana shall be substituted.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
3. Adapte d by G.O.Ms.No.53, Agriculture and Co -operative (Co -op II )
Department, dated 20.05.2016.
Short title, extent
and
commencement.
Definitions.
Act 7 of 1964
2 [Act No. 14 of 1983]
(c) ‘Government’ means the State Government of
4Telangana;
(d) ‘notification’ means a notifi cation published in the
4Telangana Gazette; and the word ‘ notified’ shall be
construed accordingly;
(e) ‘Registrar’ means the Registrar of Co -operative
Societies, 4Telangana 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 4Telangana State
Handloom Weavers Co-operative Society Limited;
(i) ‘transferor societies ’ means the Andhr a Pradesh
State Wool Industrial Co -operative Society Limited,
Hyderabad, the Andhra Pradesh State Textile Processing
Co-operative Society Limited, Hyderabad and the Nell ore
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 4Telangana
4. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Act 7 of 1964
[Act No.14 of 1983] 3
Co-operative Societies Act, 1964, shall have the meanings
respectively assigned to them in the Act.
3. 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 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 Socie ty Limited, Hyderabad and the Nellore
District Weavers Service Co -operative Soc iety Limited,
Nellore, shall stand transferred to and form part of the
assets and liabilities of the 5Telangana 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 dis solved and shall cease to exist as
corporate bodies;
(b) the 5Telangana 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 5Telangana State
Handloom Weavers Co-operative Society Limited.
5. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Transfer of assets
and liabilities of
other societies to
the Telangana
State Handloom
Weavers
Co-operative
Society Limited.
4 [Act No. 14 of 1983]
4. (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 6Telangana
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 cont inue 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
6. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
General effect of
merger.
[Act No.14 of 1983] 5
thereto, shall ha ve ful l force in favou r of or against the
transferee society, an d 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 liabil ities, duties and
obligations of the transferor societies or transferee society)
as they may deem necessary to g ive effect to the provisions
of this Act.
5. Subject to the provisions of this Act, the Co -operative
Societies Act the rules and the bye -law, the ultimate
authority of the transferee society shall vest in its ge neral
body consisting of such members of the general bod ies of
the transferor and the transferee societies as ma y be
specified by the Government by notification.
6. (1) With effect on and from the specified day and
notwithstanding anything in the Co -operative Societies Act
or the 7Telangana State Handloom Weavers Co-operative
Society (Formation) Act, 1976 or the rules made thereunder
or the bye -laws of the transfero r 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 n ot
exceeding three years:
7. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Ultimate authority
to vest in the
general body.
Management of
affairs of
transferee society.
Act 54 of 1976
6 [Act No. 14 of 1983]
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 tha t the Government may without
giving any notice and without assigning any reasons
therefor 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 transfer ee
society.
(3) The Registrar shall arrange for the call ing of a
general meeting of the transferee society for the, election of
the committee in accordance with the provisions of the
8Telangana Co-operative Societies Act, 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.
8. Adapted in G.O.Ms.No.53, Agriculture and Co -operation (Coop.II)
Department, dated 20.05.2016.
Act 7 of 1964.
[Act No.14 of 1983] 7
7. (1) The services of officers and other employees of the
transferor societies shall stand transferred to the 9Telangana
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 sam e under the transferor societies
prior to the transfer of t heir 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 othe r law for the time
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 10Telangana Co-operative Societies Act, 1964.
9. (1) The Government may, by notification, make rules to
carry out all or any of the purposes of this Act.
9. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
10. Adapted in G.O.Ms.No.53, Agriculture and Co -operation (Coop.II)
Department, dated 20.05.2016.
Transfer of
services of
officers & other
employees of the
transferor
societies.
Power to make
rules.
Over riding effect
of the Act.
Act 7 of 1964.
8 [Act No. 14 of 1983]
(2) Every rule 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 t he
session immediately following for a total period of fourteen
days which may be comprised in o ne 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 fr om
the date on which the modification or annulment is notified,
have effect only in such modified form or sha ll 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. If any dif ficulty 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 necess ary or expedient for the purpose of removing
the difficulty.
11. With effect on and from the specified day, the
11Telangana State Handloom Weavers Co -operative Society
(Formation) Act, 1976 shall have effect subject to the
modification that for section 6, the following secti on shall be
substituted, namely:
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:-
11. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Power to remove
difficulties.
Amendment of
Act 54 of 1976.
''Management
of the affairs of
the new
Societies.
[Act No.14 of 1983] 9
12[(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 t he delegates of such
societies.]
(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 to Deputy
Secretary to Government in the Industries a nd Com merce
Department dealing with the Handloom Industry;
(c) one expert in Handlooms and Textiles,
technology;-
(iv) Managing Director, Telangana 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, Telangana State Handloom
Weavers Co-operative Society Limited.
12. Substituted by Act No. 14 of 1988.
10 [Act No. 14 of 1983]
(2) The elected members of the Committee shall elect
from among themselves a Chairman”.
12. The Andhra Pradesh State Handloom Weavers
Co-operative Society Limited (Merger of certain co-operative
societies) Ordinance, 1983 is hereby repealed.
* * *
Repeal of
Ordinance 14 of
1983.